Official Report 342KB pdf
The purpose of agenda item 4 is to consider the delegated powers in the Human Trafficking and Exploitation (Scotland) Bill at stage 1.
The committee is invited to agree the questions that it wishes to raise with the Scottish Government on the delegated powers in the bill. It is suggested that those questions are raised in written correspondence. The committee will have the opportunity to consider the responses at a future meeting before the draft report is considered.
Section 8 of the bill requires the Scottish ministers to secure for an adult, during the relevant period,
“such support and assistance as they consider necessary given the adult’s needs”
in circumstances in which there are reasonable grounds to believe that that person is a victim of an offence of human trafficking.
The power in section 8(2)(b)(i) enables the Scottish ministers to prescribe in regulations an end date to the relevant period during which they are required to secure support and assistance for an adult whom they have reasonable grounds to believe is a victim of an offence of human trafficking.
Does the committee agree to ask the Scottish Government to explain further why, given the significance of the provision, it is considered appropriate that it should be subject to the negative procedure?
Members indicated agreement.
Section 38(1) of the bill confers on the Scottish ministers the power to make
“such incidental, supplementary, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes of, or in connection with, any provision made by or under this Act.”
The words “or under” appear to expand the scope of the ancillary powers to enable the making of free-standing ancillary provision for the purposes of, or in connection with, provision that is made in subordinate legislation that is made under the act.
Does the committee agree to ask the Scottish Government to explain why that form of wording has been chosen for the bill and what its effect is considered to be?
Members indicated agreement.