Statement on Modern Slavery and Human Trafficking 2018
1. Introduction
Modern slavery and human trafficking is a crime and a violation of fundamental human rights. It takes various forms, such as slavery, servitude, forced and compulsory labour and human trafficking, all of which have in common the deprivation of a person's liberty by another in order to exploit them for personal or commercial gain.
2. Our Commitment
Hartlepool Borough Council is committed to the highest level of ethical standards and governance. It will act with integrity in all its business relationships to ensure compliance with the Modern Slavery Act 2015 in ensuring that there is no modern slavery or human trafficking in its supply chains or in any part of its business and will take all reasonable and practical steps to so comply.
Hartlepool Borough Council has a zero tolerance approach to slavery and human trafficking and all forms of corruption and bribery and will not deal with any business knowingly involved in modern slavery practices in any part of its operations.
- If you have any concerns about Modern Slavery or Human Trafficking taking place within the Council’s business (or supply chain) please contact the Council’s Monitoring Officer.
3. Definition of the Act
Modern Slavery is a term used to encapsulate offences in the Act such as slavery; servitude; forced or compulsory labour; and human trafficking
The Modern Slavery Act 2015 gives law enforcement the tools to fight modern slavery, ensuring perpetrators can receive suitably severe punishments and enhance support and protection for victims.
Section 54 of the Modern Slavery Act 2015 requires specified organisations to develop an annual slavery and human trafficking statement, which sets out what steps the organisation have taken to ensure modern slavery is not taking place in their business or supply chains (see duty to notify).
Further details of the types of offences are set out in section 1 and section 2 of the Act, which can be found at: legilation.gov.uk
The Government have also produced a guidance document: Transparency in supply chains: a pratical guide
4. Duty to Notify
From 1 November 2015, under Schedule 3, Section 43 of the Act, the following specified public authorities have a duty to notify the Secretary of State of any individual encountered in England and Wales who they believe is a suspected victim of slavery or human trafficking.
- a) A chief officer of police for a police area
- b) The chief constable of the British Transport Police Force
- c) The National Crime Agency
- d) A county council
- e) A borough council
- f) A district council
- g) A London borough council
- h) The Greater London Authority
- i) The Common Council of the City of London
- j) The Council of the Isles of Scilly
- k) The Gangmasters Licensing Authority
Home Office staff with UK Visas and Immigration, Border Force and Immigration Enforcement are also required, as a matter of Home Office policy, to comply with the duty to notify. Additional public authorities can be added through regulations. This duty is intended to gather statistics and help build a more comprehensive picture of the nature and scale of modern slavery.
Organisations which do not meet the requirements in Section 43 can still choose to voluntarily produce a ‘slavery and human trafficking statement’. These organisations are asked to be open and transparent about their recruitment practices, policies and procedures in relation to modern slavery and may be asked by their suppliers to provide a statement or policy. The statement or policy should be consistent and proportionate with their sector, size and operational reach, setting out their approach to tackling modern slavery, whilst also demonstrating a level of assurance to customers.
5. Supplier Contracts
It is proposed to include in the Council’s supplier contracts or other terms, a clause specifying “the Supplier shall comply with all applicable anti-slavery and human trafficking laws, statutes, regulations and codes including but not limited to the Modern Slavery Act 2015 and maintain throughout the term of the agreement its own policies and procedures to ensure its compliance”.
Hartlepool Borough Council expects its suppliers to implement due diligence procedures for its permitted direct subcontractors, and suppliers and other participants in its supply chains, to ensure that there is no slavery or human trafficking in its supply chains. The clause enables the firm to undertake audits of suppliers’ records and any other information and to meet with suppliers’ personnel to review their compliance with its obligations under this clause. The clause also gives the firm the right to terminate the agreement with immediate effect if the supplier commits a breach of the anti-slavery policy or this clause or applicable anti-slavery and human trafficking laws, statutes, regulations and codes from time to time in force including but not limited to the Modern Slavery Act 2015.
6. Recruitment
Our workforce is mainly employed on a permanent or temporary contract basis. Our recruitment processes include direct advertising via North East Jobs, A Casual Staff Register and using reputable agencies. All employees are subject to checks, including the verification of identity, references and evidence of qualifications where appropriate.
7. Whistleblowing
Hartlepool Borough Council staff and suppliers are encouraged to report any concerns they may have in relation to fraud, corruption or any other wrongdoing. The Council’s AntiFraud and Anti- Corruption Strategy and Whistle Blowing Policy and Procedure detail how people can make disclosures without fear of retaliation.
8. Our Commitments
- To ensure that The Act and its implications are embedded within all relevant governance and policy frameworks to ensure compliance and reduce potential risk (eg Transparency, Procurement, Recruitment/ Selection, Code of Conduct, Anti-Fraud and Anti-Corruption, Whistleblowing, and the Corporate Risk Register
- Strengthen the effectiveness of the policy framework in identifying and tackling modern slavery issues
- Add “compliance with the Modern Slavery Act 2015” to the Corporate Risk Register and relevant Council Policies and Procedures ensuring appropriate reporting procedures are in place to report non compliance
- The Procurement Team will implement and enforce effective governance systems and controls to minimise the risk of modern slavery taking place by:
- strengthening the process from sourcing to contract award
- review our existing supplier contracts/agreements and assess the risk associated with those suppliers
- To act ethically and with integrity in all of its business relationships.
- To encourage our staff, partners and suppliers to report any malpractice or wrongdoing in line with our Anti-Fraud and Anti-Corruption Strategy (whistleblowing)
- To promote and further increase staff awareness through training to enable them to recognise and identify victims within the community and what actions they need to take if they suspect people are being exploited.
- Ensure appropriate reporting procedures are in place for non- compliance.
- To ensure our recruitment processes and new starter and contractor documentation is checked and verified
- Ensure our organisational values reflect the principles of the Act
- To notify the Chief Officer of Police of any suspected victims of slavery or human trafficking under the agreed procedure