Liberty - Protecting civil liberties, promoting human rights

Former DPP, Ken MacDonald QC, and Helen Mountfield, both of Matrix Chambers, have provided a Legal Opinion 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.

Liberty and Anti-Slavery International are urgently pushing for a change in the law to stop servitude and forced labour cases falling through the gaps. For example, Liberty is representing a woman recently held in modern slavery in the UK. Despite managing to evade her captors and complain to police, nothing was done to investigate her case. Liberty believes this is because the lack of a specific law in this area leaves police uncertain of how to proceed and unsure of the chance of obtaining a conviction.

Ken MacDonald QC said:

“We do not imagine that any politician, of any party, would consider it unnecessary to have in place penal legislation which complies with the United Kingdom’s obligations under Article 4 ECHR, and which provides redress to victims, and penalties for perpetrators of so grave a crime of abuse and oppression.”

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:

“It is inexcusable that in the 21st century holding somebody in slavery in the UK is not a criminal offence. Slavery is an undeniable reality and the thousands of people who find themselves in forced labour deserve justice and to see their abusers prosecuted.

“The UK led the world in the legal abolition of slavery. This House of Lords amendment would continue that historic commitment into the modern era.”

Contact Bridget Beale on 020 7378 3677 or 07973 831 128


NOTES TO EDITORS

1. For a copy of Ken MacDonald QC and Helen Mountfield’s Legal Opinion and/or a copy of the amendment to be debated tomorrow (laid by Baroness Young) contact Bridget Beale on 020 7378 3677.

2. Liberty and Anti-Slavery International’s joint briefing on this issue is available here: http://www.liberty-human-rights.org.uk/pdfs/policy-09/joint-cte-stage-briefing-on-forced-labour-lords.pdf  

3. 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”.

4. 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 now also Ken MacDonald QC and Helen Mountfield that Britain would likewise be found in breach, if challenged.

5. Baroness Young (who has laid the forced labour amendment to the Coroners and Justice Bill) is available for media interviews on this issue. Contact Bridget Beale on 020 7378 3677 for more information.