Moved by

Lord Ashton of Hyde

43: After Clause 7, insert the following new Clause—

“Labour market enforcement undertakings

Power to request LME undertaking

(1) This section applies where an enforcing authority believes that a person has committed, or is committing, a trigger offence.

(2) An enforcing authority may give a notice to the person—

(a) identifying...

Moved by

Lord Ashton of Hyde

43: After Clause 7, insert the following new Clause—

“Labour market enforcement undertakings

Power to request LME undertaking

(1) This section applies where an enforcing authority believes that a person has committed, or is committing, a trigger offence.

(2) An enforcing authority may give a notice to the person—

(a) identifying...

My Lords, these government amendments introduce new clauses to create a new regime of labour market enforcement—LME—undertakings and orders, backed up with a criminal offence for non-compliance. As such, they are an important part of the Government’s response to the consultation Tackling Exploitation in the Labour Market, where respondents agreed...

My Lords, these government amendments introduce new clauses to create a new regime of labour market enforcement—LME—undertakings and orders, backed up with a criminal offence for non-compliance. As such, they are an important part of the Government’s response to the consultation Tackling Exploitation in the Labour Market, where respondents agreed...

My Lords, I have some amendments in this group. The first is an amendment to government Amendment 47, on the power to make an LME order. Under subsection (1) of the new clause, the court must be,

“satisfied, on the balance of probabilities, that the person has committed, or is committing,...

My Lords, I have some amendments in this group. The first is an amendment to government Amendment 47, on the power to make an LME order. Under subsection (1) of the new clause, the court must be,

“satisfied, on the balance of probabilities, that the person has committed, or is committing,...

My Lords, here again we have a series of government amendments in varying degrees of complexity. I want further information on some of these amendments in relation to other

requirements and punishments relating to people who commit the offence under various Acts as listed in government Amendment 43 and other...

My Lords, here again we have a series of government amendments in varying degrees of complexity. I want further information on some of these amendments in relation to other

requirements and punishments relating to people who commit the offence under various Acts as listed in government Amendment 43 and other...

My Lords, what I have to say follows from what the noble Lord, Lord Kennedy, has just said. Amendment 43 refers to offences under four existing Acts together with inciting, aiding, abetting or counselling such offences. These can trigger undertakings. Amendment 44 refers to notices, orders and enforcement. All this...

My Lords, what I have to say follows from what the noble Lord, Lord Kennedy, has just said. Amendment 43 refers to offences under four existing Acts together with inciting, aiding, abetting or counselling such offences. These can trigger undertakings. Amendment 44 refers to notices, orders and enforcement. All this...

My Lords, I thank noble Lords for their remarks. Before I move to the amendments spoken to by the noble Baroness, Lady Hamwee, I shall comment on the points raised on the government amendments.

I was asked when the new system, which the noble Lord, Lord Kennedy, described as burdensome, will...

My Lords, I thank noble Lords for their remarks. Before I move to the amendments spoken to by the noble Baroness, Lady Hamwee, I shall comment on the points raised on the government amendments.

I was asked when the new system, which the noble Lord, Lord Kennedy, described as burdensome, will...

The Minister made reference to a point I picked out about electronic communications. It is his party that decided to allow the use of electronic communications in this Bill for contacting people who may have committed some very serious offences. Another Bill, also on the Floor of this House around...

The Minister made reference to a point I picked out about electronic communications. It is his party that decided to allow the use of electronic communications in this Bill for contacting people who may have committed some very serious offences. Another Bill, also on the Floor of this House around...

My Lords, I am very happy to report the noble Lord’s comments to my noble friend Lady Neville-Rolfe. I would not necessarily call that a contradiction but I will certainly bring his remarks to her attention.

My Lords, I am very happy to report the noble Lord’s comments to my noble friend Lady Neville-Rolfe. I would not necessarily call that a contradiction but I will certainly bring his remarks to her attention.

My Lords, I will go back and look at the standard of proof that is required. My concern was that an LME order is a step along the

way—a part of a process that seems to require, as an appropriate standard of proof, to be beyond reasonable doubt.

With regard to...

My Lords, I will go back and look at the standard of proof that is required. My concern was that an LME order is a step along the

way—a part of a process that seems to require, as an appropriate standard of proof, to be beyond reasonable doubt.

With regard to...

I am happy to say that my noble friend is prepared to talk to the noble Baroness about that before the end of Committee—or before Report, anyway.

I am happy to say that my noble friend is prepared to talk to the noble Baroness about that before the end of Committee—or before Report, anyway.

Moved by

Lord Bates

44: After Clause 7, insert the following new Clause—

“Measures in LME undertakings

(1) An LME undertaking may include a prohibition, restriction or requirement (each a “measure”) if, and only if—

(a) the measure falls within subsection (2) or (3) (or both), and

(b) the enforcing authority considers that the measure is...

Moved by

Lord Bates

44: After Clause 7, insert the following new Clause—

“Measures in LME undertakings

(1) An LME undertaking may include a prohibition, restriction or requirement (each a “measure”) if, and only if—

(a) the measure falls within subsection (2) or (3) (or both), and

(b) the enforcing authority considers that the measure is...

Moved by

Lord Bates

47: After Clause 7, insert the following new Clause—

“Labour market enforcement orders

Power to make LME order on application

(1) The appropriate court may, on an application by an enforcing authority under section (Applications), make a labour market enforcement order against a person if the court—

(a) is satisfied, on the...

Moved by

Lord Bates

47: After Clause 7, insert the following new Clause—

“Labour market enforcement orders

Power to make LME order on application

(1) The appropriate court may, on an application by an enforcing authority under section (Applications), make a labour market enforcement order against a person if the court—

(a) is satisfied, on the...

Moved by

Lord Bates

48: After Clause 7, insert the following new Clause—

“Applications

(1) An enforcing authority may apply for an LME order to be made under section (Power to make LME order on application) against a person (the “proposed respondent”) if—

(a) the authority has served a notice on the proposed respondent under...

Moved by

Lord Bates

48: After Clause 7, insert the following new Clause—

“Applications

(1) An enforcing authority may apply for an LME order to be made under section (Power to make LME order on application) against a person (the “proposed respondent”) if—

(a) the authority has served a notice on the proposed respondent under...

Moved by

Lord Bates

50: After Clause 7, insert the following new Clause—

“Measures in LME orders

(1) An LME order may include a prohibition, restriction or requirement (each a “measure”) if, and only if, the measure falls within subsection (2) or (3) (or both).

(2) A measure falls within this subsection if it is...

Moved by

Lord Bates

50: After Clause 7, insert the following new Clause—

“Measures in LME orders

(1) An LME order may include a prohibition, restriction or requirement (each a “measure”) if, and only if, the measure falls within subsection (2) or (3) (or both).

(2) A measure falls within this subsection if it is...

Moved by

Lord Bates

51: After Clause 7, insert the following new clause—

“Further provision about LME orders

(1) An LME order has effect for the period specified in it but the maximum period for which an order may have effect is 2 years.

(2) An LME order may not be made against an individual...

Moved by

Lord Bates

51: After Clause 7, insert the following new clause—

“Further provision about LME orders

(1) An LME order has effect for the period specified in it but the maximum period for which an order may have effect is 2 years.

(2) An LME order may not be made against an individual...

Moved by

Lord Bates

57: After Clause 7, insert the following new Clause—

“Offences by bodies corporate

(1) If an offence under section (Offence) committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of an officer of the body, or

(b) to be attributable to any neglect on...

Moved by

Lord Bates

57: After Clause 7, insert the following new Clause—

“Offences by bodies corporate

(1) If an offence under section (Offence) committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of an officer of the body, or

(b) to be attributable to any neglect on...

Moved by

Lord Bates

58: After Clause 7, insert the following new Clause—

“Application to unincorporated associations

(1) In a case falling within subsection (2), an unincorporated association is to be treated as a legal person for the purposes of sections (Power to request LME undertaking) to (Offence).

(2) A case falls within this subsection...

Moved by

Lord Bates

58: After Clause 7, insert the following new Clause—

“Application to unincorporated associations

(1) In a case falling within subsection (2), an unincorporated association is to be treated as a legal person for the purposes of sections (Power to request LME undertaking) to (Offence).

(2) A case falls within this subsection...

Moved by

Lord Rosser

63: Clause 8, page 5, line 6, at end insert “, without reasonable excuse,”

Moved by

Lord Rosser

63: Clause 8, page 5, line 6, at end insert “, without reasonable excuse,”

At Second Reading we expressed support for measures to toughen the penalties against employers who exploit employees. However, we expressed our concern about the provisions in the Bill in respect of those who work without leave to remain or beyond the restrictions of their visa, and which classify wages earnt...

At Second Reading we expressed support for measures to toughen the penalties against employers who exploit employees. However, we expressed our concern about the provisions in the Bill in respect of those who work without leave to remain or beyond the restrictions of their visa, and which classify wages earnt...

My Lords, my noble friends and I have very considerable objections to Clause 8 which, while I was going to say will achieve nothing, will possibly achieve too much. It is not a positive and helpful development in any way and will cause very considerable difficulties and negative consequences. The...

My Lords, my noble friends and I have very considerable objections to Clause 8 which, while I was going to say will achieve nothing, will possibly achieve too much. It is not a positive and helpful development in any way and will cause very considerable difficulties and negative consequences. The...