Domestic modern slavery legislation; an effective solution? : a critical analysis of the UK modern slavery act 2015

Abstract

The UK’s Modern Slavery Act 2015, largely a consolidation of pre-existing criminal legislation, is the first domestic law of its kind in the world. Aside from the identification of criminal offences and penalties related to modern slavery, the Act contains some novel provisions pertaining to: the protection of victims; an independent anti-slavery commissioner and; transparency in supply chains. The Act’s criminalisation-oriented approach as a means to address modern slavery draws wide criticism, particularly in regards to the protection of victims. Some cynicism also surrounds the newly established role of Independent Anti-Slavery Commissioner, in terms of independence and effectiveness. The provision which requires certain companies to publish transparency reports on their supply chains is subject to some criticism surrounding its purported lack of substance and enforceability, however, this measure has garnered the most praise due to its almost immediate practical impact. As the issue of modern slavery is inextricably linked with migration, the UK’s harsh immigration legislation can seriously undermine efforts to eliminate modern slavery - an issue which is arguably overlooked by the Modern Slavery Act. In order to bolster future efforts of anti-slavery legislation, it is essential to fully acknowledge the impact of immigration legislation, as well as to address modern slavery as a global issue which transcends borders. Furthermore, a vast improvement in measures taken to protect victims is fundamental, along with steps to ensure that the transparency in supply chains provision becomes truly justiciable. Whilst there are many points of contention regarding the adeptness of this new legislation, there is a general consensus that any measure which shines a light onto the issue of modern slavery is a step in the right direction. Ensuring this initial momentum continues effectively is dependent on a huge range of future developments, and many recommendations can be made to this effect.