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  4. Justice Committee backs Human Trafficking Bill

Justice Committee backs Human Trafficking Bill

24th April 2015 | criminal law , immigration

Holyrood's Justice Committee has confirmed its backing for the general principles of the Scottish Government's Human Trafficking and Exploitation (Scotland) Bill.

In their stage 1 report on the bill, published today, the MSPs, in welcoming the aims of the bill, make a number of recommendations concerning the bill as it continues its parliamentary passage.

The measure aims to strengthen the criminal law against human trafficking and exploitation as well as ensuring that victims have access to immediate appropriate support. 

The committee supports the creation of a single offence covering all forms of exploitation of adults and children, rather than a separate offence covering children, which it thinks could lead to difficulties in prosecution and securing convictions. It makes a number of proposals for greater definitional clarity, including that the offence should be better aligned to international definitions, that the "travel" aspects be clarified, and that it should be made clear that "consent" by a person who has been held in slavery or servitude or has performed compulsory or forced labour under section 4 of the bill is not a defence for the perpetrator.

On the difference of professional view as to whether prosecutorial guidelines, as proposed by the Lord Advocate, are sufficient or whether the bill should contain a statutory defence for a person who commits an offence on account of their victim status, as supported by the Faculty of Advocates and Law Society of Scotland, the committee says it finds both views persuasive and, as the Justice Secretary has confirmed that the two are not mutually exclusive, asks him to consider the position further.

Special provisions relating to child victims are also supported, as is a presumption of age clause where a person appears to be a child. Ministers are asked to consider how the latter could be achieved.

Committee convener Christine Grahame MSP said: “Human trafficking and exploitation are serious, complex crimes which know no borders. We welcome the Scottish Government’s efforts to tackle this illicit trade, to identify and bring to justice the perpetrators and to support the victims. The victims of trafficking are not only those who are trafficked in to this country; it is also a real problem within and between our towns and cities.

“While we very much support the aims of the Bill, we have made a number of recommendations aimed at clarifying the single offence of trafficking, strengthening the protection provided to victims, and setting out more clearly what support will be available, particularly for child victims."

She added: “While the issue of decriminalising the purchase of sex came up in our evidence sessions, the committee is clear that, notwithstanding the arguments around that area, this particular bill is not an appropriate vehicle for addressing that important issue.”

Click here to view the committee's report. 

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