Liberty - Protecting civil liberties, promoting human rights

Liberty and Anti-Slavery International are urgently pushing for a change in the law as, at present, cases are falling through the gaps. Liberty is representing a woman recently held in modern slavery in the UK – despite managing to escape and complain to police, nothing was done to investigate her case until Liberty brought Judicial Review proceedings. The lack of a criminal offence in this area leaves police uncertain how to proceed and unsure of the chance of obtaining a conviction.

Shami Chakrabarti, director of Liberty, said:

“In an age when new criminal offences have flown out of Westminster like confetti, the lack of an effective anti-slavery law is a gaping hole in the protection of the vulnerable. We urge parliamentarians of all stripes to join together in supporting this amendment and honouring the tradition of William Wilberforce.”

Aidan McQuade Director of Anti-Slavery International said:

“To not have a law to protect people from forced labour is comparable to Britain not having criminalised torture. Forced labour will remain a reality in the UK unless adequate legislation is put in place and enforced. Getting the police to prosecute those who hold people in modern day slavery is extremely difficult because of the lack of a clear offence criminalising this practice. The existing legal provisions fail to protect victims or ensure that the perpetrators of these crimes are brought to justice.”

Heavyweight support for this amendment also comes from trade union and prominent members of the legal profession. Former DPP, Ken MacDonald QC, and Helen Mountfield, both of Matrix Chambers, have provided Legal Opinions that there is a gap in existing UK law which is likely to place Britain in breach of its obligations under the European Convention on Human Rights. Trade unions Unite and the Gangmasters Licensing Authority have also pledged their support.

Tony Woodley, the Joint General Secretary of Unite, stated:

“Liberty’s campaign to criminalise the outrageous actions, which in our view amount to modern day slavery, deserves our support and Unite will use whatever political levers it can to persuade government to accept this amendment.”

Contact Bridget Beale (Liberty) on 020 7378 3677 or 07973 831 128

Contact Paul Donohoe (Anti-Slavery International) on 020 7501 8934 or 07779 624 385


NOTES TO EDITORS

1. Case studies are available. Contact Bridget Beale on 020 7378 3677.

2. For a copy of the amendment to be debated on Monday (laid by Baroness Young) contact Bridget Beale on 020 7378 3677.

3. An expert Legal Opinion on the issue by the former Director of Public Prosecutions Ken MacDonald QC and Helen Mountfield of Matrix Chambers is available here.

3. Liberty and Anti-Slavery International’s joint briefing on this issue is available here.

4. Article 4 of the European Convention on Human Rights, incorporated into UK law by the Human Rights Act 1998, provides that “no one shall be held in slavery or servitude”, or “be required to perform forced or compulsory labour”.

5. In a recent case at the European Court of Human rights (Siliadin v France) France was found to be in breach of Article 4 because it had not specifically enacted laws to outlaw servitude and forced labour. It is the contention of Liberty, Anti-slavery International and Ken MacDonald QC and Helen Mountfield that Britain would likewise be found in breach, if challenged.