Jonathan Smithers

President of the Law Society of England and Wales

@lawsocpresident

Local practice going global

• Globalisation – a driver of change

• Not just for City firms

• Why expand? This can be driven by:

– Meeting client demand

– Maximising opportunities and filling gaps in the market

– Commercial opportunities from emerging markets

Supporting our members

Modern slavery on our doorstep

• Global business

carries inherent risk

• Risk of exploitation in

the supply chain

• Modern slavery may

be happening in the

UK

• Ignorance is no longer

an excuse

The legislation

• Business and respect for human rights go hand in hand

• Government’s 2013 National Action Plan incorporate UN

Guiding Principles into national legislation

• Plan includes measures to:

– Support, motivate and incentivise business to meet

responsibilities

– Ensure access to remedy for victims of abuse

– Promote understanding of how addressing human rights

risk/impacts can improve commercial success

Progress has been made...

• Amendments made to the 2006 Companies Act

• All public listed companies to report on human rights impact

• Modern Slavery Act 2015 has come into force

– Companies to take action on end-to-end supply chain

– Requires large businesses to issue annual statements on what

they are doing to stop enforced labour or trafficking in their

supply chains

• British Government issued guidance to foreign missions

• How to promote business and human rights abroad and advise

British business operation outside the UK

The Action Plan today

• Plans to improve the content of the plan include:

– Extending reporting requirements of Companies Act 2006 to

private companies as well as listed

– Monitoring and enforcing supply chain reporting requirements

of the Modern Slavery Act

– Improving accountability and judicial mechanisms of redress for

victims

– Prosecution of companies and directors for flouting laws

Local Law Societies

• Local law societies and bar associations are promoting

the values of business and human rights

• Solicitors must look within their own firms and

businesses to assess their human rights impact

• Steps to manage risk:

• Procurement rules to exclude tender where evidence of

company misconduct

• Ensuring agency staff retained are treated with respect and paid

properly

What the Law Society is doing

• We are launching a Practice Note on business and

human rights

• This will provide help for members and local societies,

with guidance on:

– Seeing law firms as business enterprises

– Solicitors seen as advisers to a broad range of businesses

– Firms facing client questions on human rights, including due

diligence and audit requirements

In conclusion, what else?

• Despite the work of Government, there are still

potential abuse, as seen in car washes around the

country

• Law societies and bar associations are uniquely placed

to tackle this (e.g. Prevention)

• We can all help our members and firms manage their

own human rights impact and educate their clients

• Thank you