The Human Trafficking and Exploitation Bill in the UK: the developments in Scotland and Northern Ireland

The Human Trafficking and Exploitation Bill in the UK: the developments in Scotland and Northern Ireland

Scotland: People who carry out human trafficking in Scotland could face life imprisonment under new legislation to tackle the problem. The Scottish government has published details of a new bill aimed at protecting the victims and punishing the perpetrators of trafficking. In 2013 there were 55 victims identified in Scotland. The new law will introduce a single human trafficking offence and increase the maximum penalty for offenders. Home Office (The Home Office is the government department responsible for immigration, counter-terrorism, police, drugs policy, and related science and research) research has suggested there could be between 10,000 and 13,000 victims of slavery, forced labour and human trafficking in the UK. The Human Trafficking and Exploitation Bill will mean that for the first time in Scotland there will be legislation focusing specifically on human trafficking and exploitation through slavery, servitude and forced or compulsory labour. If passed, the new bill will also seek to enhance the rights of victims of trafficking, with access to immediate help and support based on their individual needs. It will give prosecutors the discretion not to punish victims forced to commit crime against their will – including those trafficked into the country and then forced into cannabis factories. Scottish Ministers will also be required to work with other bodies to publish and keep under review a Scottish Anti-Trafficking and Exploitation Strategy. Speaking on BBC Radio Scotland’s Good Morning Scotland programme, Justice Secretary Michael Matheson said the bill would put in place “robust measures” and assist law enforcement agencies in tackling trafficking effectively. He said: “We are now sending out a very clear signal to those that may be involved in this type of crime that we are taking it extremely seriously and if you are found guilty of this type of abhorrent crime that you could face a life imprisonment sentence.What we need to do is make sure that we’ve got measures in place in order to identify individuals who may be subject to human trafficking and exploitation, so that’s not just the police force that’s about businesses and public agencies being much more aware of this issue.”

Non-Criminalization: The non-criminalisation of suspected victims of human trafficking is an area where clearly defined obligations and direction is welcomed and would assist greatly in providing the clarity and confidence required to effectively deal with those circumstances where offending has occurred as a result of their exploitation.The Bill seeks to give adult victims of trafficking the same access to support and help as children and provide guidance to prosecutors dealing with cases where such people have been forced into committing crime. It will also provide for a Scottish Anti-Trafficking and Exploitation Strategy aimed at increasing public awareness, providing training for front-line staff and engaging with businesses to help spot the signs of potential trafficking and exploitation. Speaking as the Bill was introduced to the Scottish Parliament, Mr Matheson added: “Victims can face horrendous suffering and there is no place for it in modern society.”There is no doubt in my mind that introducing this new legislation is the right thing to do. While the focus of this Bill is very much on the needs of victims, under these proposals those who seek to peddle human misery will also face the toughest possible penalties.The measures proposed, together with the duty to develop an Anti-Human Trafficking Strategy, will ensure that victims are offered far better protection and make Scotland a truly hostile environment for traffickers.” Robert McCrea, chief executive of Migrant Help, a charity which helps victims of human trafficking, said: “The Scottish Government’s approach has always been focused on support of victims and their integration or reintegration post care.”

Northern Ireland: It is now on its way to becoming law next year. The proposed legislation will mean that Northern Ireland will be the first part of the UK to make it illegal to pay for sex.

The law change has been hailed by Christian groups but denounced by prostitutes’ representatives. Paid-for consensual sex is legal in Northern Ireland although activities such as kerb crawling, brothel keeping and pimping are against the law. The ban will see the region implement a prohibition similar to the model in Sweden. NI Justice Minister David Ford said: “This is a ground-breaking Bill that reinforces our stance against the evil crimes of human trafficking and slavery and I am pleased that it has now passed Final Stage.”

Stormont agreed a Legislative Consent Motion to extend a number of provisions in the Westminster Modern Slavery Bill to the region. The enforcement powers relate to ships, the Independent Anti-slavery Commissioner, and transparency in supply chains. Minister Ford added: “These provisions complement the Human Trafficking and Exploitation Bill and will ensure that there is a comprehensive, coordinated response and consistent, joined-up oversight across the United Kingdom to reinforce and improve our collective response to modern slavery.”I agree with Lord Morrow that these two measures put Northern Ireland at the forefront of the fight against Human Trafficking and Slavery.”

Sources: http://www.bbc.com/news/uk-scotland-30444403;

http://www.thecourier.co.uk/news/scotland/life-sentence-for-human-trafficking-1.733445;

http://www.u.tv/News/Human-trafficking-bill-passes-last-stage/c7932c74-15b7-4d19-bcf0-8f1338aa2bea