Public Law team at Doughty Street Chambers, the leading human rights and civil liberties chambers.
London, Manchester
Joined May 2012
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An important judgment was handed down by the Court of Appeal today on costs in protest contempt cases.
@AdamWagner1 and @PippaWoodrow act.
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doughtystreet.co.uk/news/ada…
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Our next panel is starting now on trafficking victims as defendants, with @MayaSikandQC, @anthonymv1 and Philippa Southwell, chaired by Ben Newton.
@DoughtyStImm #antitraffickingsymposium
Really helpful Q&A after our great speakers. Chloe has emphasised that although we could name and shame individual companies, what we need is to level the entire playing field to ensure everyone is addressing these industry-wide issues.
@DoughtyStImm #antitraffickingsymposium
Chloe notes state imposed forced labour is different: about companies sourcing processes, not direct action. Companies should have to map supply chains and cease relationships where links found. V likely companies have links if they look.
@DoughtyStImm #antitraffickingsymposium
.@chloe_cranston MSA completely insufficient even with changes. Need something similar to MHRDD laws in EU, modelled on 'duty to prevent' bribery. Also complementary trade based mechanisms for systemic regional issues.
@DoughtyStImm #antitraffickingsymposium
Chloe: Various forms of coerced labour taking place, in a Government led system. Very different to other forms of forced labour so many different routes of redress. Companies are v impt as region extremely central to global manufacturing
@DoughtyStImm #antitraffickingsymposium
We are now hearing from @chloe_cranston from Anti-Slavery International about exactly how some of the modern slavery issues previously discussed affect minorities in the Uyghur region and the links to business.
@DoughtyStImm #antitraffickingsymposium
Peter Carter QC ending with a warning to companies seeking to avoid engaging with the human rights issues in their supply chains, who may yet be held to account by NGOs, the Government and other actors for failure to comply with the MSA.
@DoughtyStImm #antitraffickingsymposium
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Many criminal remedies available for false and misleading s 54 statements under Fraud Act; Theft Act; Proceeds of Crime Act; facilitating offences under the Modern Slavery Act - companies must be alert to risks despite weakness of MSA.
@DoughtyStImm #antitraffickingsymposium
Peter Carter QC has identified that an alternative mechanism could be modern slavery information being included in Part 15 of the Companies Act 2006 as a specific item in annual report. Important bc CA2006 has strong sanctions attached.
@DoughtyStImm #antitraffickingsymposium
Peter Carter QC notes that companies can be held to account by UNGPs, Equator Principles. Draws attention to company behaviour (even if Courts may not enforce).
@DoughtyStImm #antitraffickingsymposium
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Section 54 doesn't require detail of investigations undertaken. Could be compliant by saying "I've done nothing". Many companies have done anyway and as the IASC has said, shouldn't vilify those who make efforts & find uncomfortable info.
@DoughtyStImm #antitraffickingsymposium
The UKSC in Vedanta assisted in addressing the limited definition of an 'organisation' in the MSA: it held the company in the UK may be responsible in tort for the whole organisation. This may be something Parliament redresses.
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Section 54 of the MSA is very limited. Only companies over certain turnover and doesn't account for company structures with parts of the organisation outside the jurisdiction.
@DoughtyStImm #antitraffickingsymposium
Peter Carter notes publicity from MSA has led to corporates taking steps in their own interest to be more diligent as well as for humanitarian reasons. Significantly more engagement from companies and managers.
@DoughtyStImm #antitraffickingsymposium
Peter Carter QC is now taking us through the inadequacy of s 54 of the MSA and why corporates worry about their supply chains: their reputation is one key factor given media attention.
@DoughtyStImm #antitraffickingsymposium
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The UK's proposed changes are all still for reporting obligations but in @KMHUmanrights view, won't be long until we have more enforceable laws and due diligence obligations here, like the EU HRDD proposal.
@DoughtyStImm #antitraffickingsymposium
Krishnendu: there is the prospect of civil penalties for non-compliance; Government league tables for companies and a single enforcement body who can monitor and enforce. Necessary bc modern slavery statements have been lacking.
@DoughtyStImm #antitraffickingsymposium
In the UK, @KMhumanrights notes s 54 provides a reporting requirement which hasn't been as effective as it should be. Recently announced Queen's Speech amendments to strengthen these measures including for companies and local authorities.
@DoughtyStImm #antitraffickingsymposium
Krishnendu: speaking to us from Utrecht Uni on how laws are developing to bind corporates on trafficking/modern slavery. Involves soft law guidance to businesses and moved into 'hard' binding laws in Germany, France and proposed EU laws.
@DoughtyStImm #antitraffickingsymposium
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Our next session is a panel on corporate responsibility for trafficking, covering proposed human rights due diligence laws as well as the MSA, with Krishnendu Mukherjee, Peter Carter QC, @chloe_cranston and chaired by @Kirsty_Brimelow
@DoughtyStImm #antitraffickingsymposium
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