On 9 July the UK government published its response to the recommendations made by the independent review of the Modern Slavery Act 2015 (MSA). At the same time, the government issued a public consultation on the proposed changes arising from the review, with the goal of improving the legisliation and strengthening the section 54 supply chain transparency provisions.
Some of the recommendations which were rejected by the Government include:
Click here to see the government's full response
Public Consultation
In order to inform any changes to the MSA, the government has issued a public consultation to gather views on the proposed measures coming out of the independent review. It is inviting comments from organisations who currently publish statements under the regime, as well as other interested parties such as consumers and charities, and is looking to collect feedback specifically on the following three areas:
Section 1: Content of statements
The UK government would like to address the issue that many organisations who are MSA obliged are failing to go beyond the minimum compliance requirements, which makes comparing and benchmarking statements challenging and inconsistent.
The government is looking to establish mandatory reporting for MSA obliged companies by making the six criteria listed in section 54(5) compulsory. It is recognised however that some flexibility in reporting should be retained to reflect that different organisations and companies face different risks, and seeks responses on how to balance these two sides.
Section 2: Transparency, compliance and enforcement
Publishing a new online registry: The government is looking to develop an online registry where it will be mandatory for all MSA statements to be published. The government hopes that this will make it easier to monitor compliance and increase accessibility of MSA statements.
Single reporting deadline: The government is looking to introduce a single annual deadline for all obliged organisations to publish their statements by. It hopes that this will bring clarity for obliged organisations and facilitate their compliance.
Enforcement: The independent review suggested that sanctions for non-compliance should be toughened, and the government is seeking to obtain views on how to achieve this. Proposals include a regime of increasingly severe reprimands and the introduction of a civil penalty scheme.
Section 3: Public sector supply chains
The government is considering extending the scope of the MSA regime to include public sector organisations and bodies with an annual budget exceeding £36 million.
The consultation is open until 17 September 2019.
Click here to view the full consultation note