Human Trafficking
The next item of business is a debate on motion S4M-02133, in the name of Kenny MacAskill, on human trafficking.
15:39
I welcome today’s debate on trafficking in human beings and I acknowledge the interest that other members have in the subject.
We are here to debate one of the most abhorrent and evil practices of which mankind is capable—the trafficking of human beings as commodities, for the purpose of subjecting those individuals to suffer a form of exploitation, or in some cases several, in order to allow the perpetrators to profit from their misery. The exploitation that the victims experience includes forced labour, domestic servitude and prostitution. I understand that, in England and Wales recently, victims for exploitation by way of organ removal have been recovered.
As a Government, we aim to ensure that people live their lives free from crime, disorder and danger. In that context, we place a high priority on combating trafficking. Trafficking and the subsequent exploitation that its victims suffer create and perpetuate human misery, and we as a society should not tolerate that abhorrent crime.
We know and accept that trafficking is happening here in Scotland. That is confirmed by the national referral mechanism statistics that are available for Scotland, which show that 228 referrals were made from April 2009 to 10 February 2012. Of those, 126 cases were confirmed as victims. However, given the crime’s covert nature, it has been difficult to quantify the scale of the problem.
Scottish Government funding enabled the Scottish intelligence co-ordination unit of the Scottish Crime and Drug Enforcement Agency to be set up to assess the nature and extent of human trafficking in Scotland and the organised criminal gangs that are involved. The recently published SCDEA human trafficking intelligence assessment acknowledges the difficulties in quantifying the scale of the problem, but I understand that the SCDEA has set up separate trafficking strategic and tactical groups, which will look at the issue. Collectively, we need to move on from looking to prove the scale of the issue to accepting that it exists and concentrating our efforts where they count most—on the front line, pursuing the traffickers and supporting victims.
As for the nature of the problem, the debate has tended to concentrate on exploitation by way of prostitution. That remains an important focus, but I fear that that narrow approach does the issue a disservice. From the latest statistics that are available, trafficking for forced labour appears to be the most prevalent form of exploitation in Scotland. As the Equal Opportunities Committee said in its report in 2010, it is time that we shift the focus on to exploitation rather than any particular form of it.
We welcome the recent reports on trafficking in Scotland that the Equality and Human Rights Commission and Scotland’s Commissioner for Children and Young People have produced. They have added to our knowledge of the subject and helped to raise awareness of this hideous crime. The EHRC report acknowledged
“evidence of much good work at all levels in government, enforcement, prosecution, and, vitally, victim support”.
Both reports contain a range of suggested improvements and numerous recommendations and conclusions for various organisations, including the Scottish Government.
I can say straight away that the Scottish Government accepts the principle of almost all the recommendations that are directed to us. I will set out our initial thinking about our response in key areas. In closing, the Minister for Children and Young People will say more about child trafficking. I hope that we will hear a constructive debate that helps to inform the Government’s more formal response to both reports.
The main common theme throughout all those reports is that the Government should demonstrate leadership in tackling trafficking in human beings. We think that we do so already, but we are always prepared to consider suggestions on how we can do better, because we acknowledge that we require to do better, as do all the agencies that work with us.
I therefore plan to bring together a wide range of stakeholders in the coming months to help to map out a new strategic direction for how we can work together to tackle trafficking in Scotland. That will refresh and reinvigorate our approach and help us to put in place actions to address the various recommendations for improvement that have been made.
There are aspects of human trafficking, in particular immigration, that are currently reserved to the United Kingdom Government, but I expect it to play a constructive role in our approach to tackle the issues in Scotland.
Much of the focus on human trafficking to date has been on enforcement, and that will continue to be an important strand of our work. The additional funding that has been made available to the SCDEA to provide a dedicated expert resource to build the intelligence that is necessary to support and improve human trafficking investigation has ensured that resources are now in place. However, it is not always serious and organised criminal gangs that are involved in the crime of trafficking. Therefore, combating trafficking remains core police business and the SCDEA works closely with all Scottish forces to identify and address those involved in trafficking.
The security of our sea crossings is vital. We take the policing of our ports seriously. Members may recall that we made clear to the Home Secretary and the UK Border Agency chief executive our concerns over the decision by the UKBA to withdraw UKBA officers from the port of Stranraer. However, in November, at Cairnryan, I met David Ford, who is the Northern Ireland Minister of Justice, Dumfries and Galloway Constabulary, the Police Service of Northern Ireland, and the UKBA, and I understand that Dumfries and Galloway Constabulary and the UKBA are now working closely together on a joint plan to make the crossings more secure and to deter criminal activity. That meeting was followed up with trilateral discussions at Stormont castle between myself, David Ford and Alan Shatter, who is the Minister for Justice and Equality in the Republic of Ireland. That shows that we are seeking to co-operate with agencies not only within Scotland and the UK but across a variety of countries, because we know that this trade is international.
In October 2011, the police-led operation factor, which involved Scottish police, the Police Service of Northern Ireland, the Crown Office and victim support agencies resulted in the first prosecutions for the offence of trafficking, with the two offenders being sentenced to 44 months and 18 months respectively. That said, I acknowledge that the number of prosecutions remains low compared with the number of victims being identified in Scotland, and this is an area that we will continue to work with partners to develop and improve.
Support to victims is also a prominent element in our approach. The Scottish Government has funded two agencies—Migrant Helpline and the trafficking awareness-raising alliance, or TARA, project—to support suspected victims of trafficking. The arrangements for supporting victims have grown over time and are still evolving. The EHRC report recommends that a service standard should be developed for supporting victims of human trafficking. I support that recommendation, and the Government has commissioned research to help inform our consideration of future care standards. We will also review our approach to the commissioning of support services, to ensure that we make progress on that important recommendation.
The cabinet secretary referred to the excellent work that TARA does. During the evidence that he gave to the Equal Opportunities Committee in the previous session, when it was pointed out that its services are concentrated in Glasgow because of a lack of funding, he said that he would investigate whether funding could be increased so that it could operate across Scotland. Has there been any progress in that regard?
I am happy to get in touch with the member about that. As far as I know, we have maintained the funding. Whether it has expanded beyond Glasgow, I am not yet able to say. However, I accept the point that Mr Chisholm makes, which he made as a member of the Equal Opportunities Committee before.
The problem is not located in only one geographical area of Scotland, and we must ensure that victims are dealt with wherever they are. I assure the member that I will respond to him in more detail. He can rest assured that we are seeking to ensure that, wherever victims are and however and for whatever reason they have been trafficked, they are given the care and support to which they are entitled.
The first external link that a victim comes into contact with may be healthcare professionals. To support staff in that role, the NHS Scotland gender-based violence programme, which is funded by the Scottish Government, has developed guidance on trafficking, and it will provide training and learning resources to raise awareness of the issue and how to provide an appropriate response.
I want to touch on the EHRC’s recommendation for stand-alone trafficking legislation in Scotland. I do not rule out the idea of bringing together all aspects of human trafficking legislation under one umbrella, but we need to be aware that parliamentary time is precious and that that proposal will have to be considered alongside a wide range of other potential priorities for legislation. However, one issue that can be explored now is the possibility of introducing a statutory human trafficking criminal aggravation, which the Lord Advocate suggested. That would allow the trafficking aspect to be put before the courts where it is evidentially more appropriate to prosecute for other offences, such as labour exploitation. That could be an important tool in improving the number of convictions for trafficking in Scotland.
Can the cabinet secretary clarify the number of convictions that there have been to date for human trafficking in Scotland?
I cannot do that off the top of my head. However, I assure Ms Marra that we will provide that information in summing up if we can; if not, we will write to her.
I reiterate that the forces of law enforcement, whether the Crown under the direction of the Lord Advocate or the police led by the SCDEA, take human trafficking very seriously, and they are doing everything that they can to ensure that there are prosecutions in this country and in Northern Ireland. It is clear that a recent successful prosecution in Northern Ireland for trafficking related to people of Scottish ethnicity. There is therefore co-operation between myself and the justice department in Northern Ireland and between the Scottish police and the PSNI.
We believe that the use of an aggravation could be important in increasing the number of convictions for trafficking in Scotland. I should add that, following the changes that were made in the Criminal Justice and Licensing (Scotland) Act 2010, our assessment is that we are already broadly compliant with the European Union trafficking directive.
As I said earlier, we are open to suggestions from all sides. The issue unites the chamber, as nobody can possibly support the exploitation and trafficking of human beings, other than those who do so deliberately to profit from it. For that reason, we are happy to work with other members in the same way that Scottish officials are prepared to work with others in other jurisdictions in whatever capacity.
I move,
That the Parliament welcomes the reports issued by the Equality and Human Rights Commission and Scotland’s Commissioner for Children and Young People about trafficking in human beings; acknowledges the work undertaken to date by law enforcement agencies to tackle criminals engaged in human trafficking; commends the work of statutory and third sector bodies that have worked to raise awareness of human trafficking in Scotland and offer support to victims of this abhorrent crime, and welcomes the Scottish Government’s intention to host a summit with key delivery partners to refresh the strategic direction for policy and delivery in this important area.
15:53
I thank the Scottish Government for the opportunity to debate human trafficking. I also thank the cabinet secretary for his speech on this very important issue and for the tone of his speech. When I was preparing for the debate this morning, I was mindful that the debate would be a missed opportunity if we spent the whole of it telling each other what a horrendous crime human trafficking is. We all agree that it is horrendous, despicable and inhumane. No person should be forced to do something or sold against their will for someone else’s profit or gain. We agree on that, so we must move to take action. The cabinet secretary expressed willingness to do that, for which I thank him.
As the cabinet secretary said, we cannot be under the illusion that human trafficking is not happening in Scotland. I was glad about the tone of his speech, because he told us in the chamber only last year that there was not enough evidence of human trafficking in Scotland to warrant action. I note that he has noted the reports that have been published this year and I note from his speech that he has paid special attention to a report that I thought was very instructive from his own Scottish Crime and Drug Enforcement Agency director, Gordon Meldrum. Gordon Meldrum believes that ignorance of the problem is not an excuse to ignore it but an incentive to tackle it. I will quote part of Mr Meldrum’s report, because I believe that his words, as head of the SCDEA, are very instructive. It states:
“There has been an understandable desire to put a scale on the size of the human trafficking problem we face. Our assessment is that the information currently available from existing sources does not present an accurate picture of what is truly taking place ... Knowing whether you are one of 10 victims or one of a hundred doesn’t change the hell you have been through. So collectively, we need to move on from looking to ‘prove’ that this is an issue to one in which we accept that it is an issue and concentrate on developing our knowledge where it will count. Count for the victims, and count against the traffickers.”
I point those who still need proof on the figures to the SCCYP’s report last year. It reported that social workers in Scotland had concerns that 249 children whom they had seen had been trafficked. Those 249 children are in Scotland today. If we compare that with the number of referrals of children that the UK Border Agency received, which was only 14, we can see that something is far wrong.
As the cabinet secretary said, we can no longer afford to wash our hands of the problem and put it at the door of the UK Border Agency, because it is primarily concerned with immigration. Trafficking is a different problem, as victims are forced against their will. Trafficking raises child protection issues, domestic abuse issues and forced marriage issues. It also involves criminal gangs and proceeds of crime. There are myriad problems that we in this Parliament have devolved competence to legislate on and tackle, so why wait?
Labour is today asking the Government to show leadership on the issue and introduce, as the cabinet secretary suggested, a statutory aggravation and also introduce a Scottish national referral mechanism and a statutory obligation for agencies to work together under a Scottish Government strategy with targets, which would be set by the cabinet secretary and approved by the Parliament.
First, the cabinet secretary will be aware that the Lord Advocate, Frank Mulholland, has publicly backed the introduction of a statutory aggravation. He thinks that it is a very good idea. Some people who traffic other human beings can be brought into court on other charges, such as benefit fraud, assault and child abuse. Making trafficking an aggravation is a simple legal measure that the Government could take to show the courts and the police the severity of the crime and increase the number of perpetrators who are brought to justice for it.
In considering a statutory aggravation, the Government may also want to consider having a lesser burden of proof. That suggestion was made by Baroness Helena Kennedy in her report, which was published in November last year following her inquiry. The justification for the lesser burden of proof is the intrinsic difficulties in identifying victims, because victims fear for themselves and for their families if they speak out. The nature of the lives that they lead here keeps them concealed; it keeps them out of the eyes of witnesses and the authorities.
I will give you an example that Women’s Aid gave me yesterday here in Parliament. There are women in Edinburgh today who are living in forced domestic servitude. They came to this country on a false promise of a better life and marriage. When they arrived, they were coerced into a marriage, which often develops into domestic abuse, and forced to provide permanent care for relatives. They have no money, no freedom and no life. They are not allowed to go out alone. The testimony that I heard yesterday from Women’s Aid is just one example that shows the difficulties in identifying victims and indicates why a lesser burden of proof could be considered for the statutory aggravation.
What else can be done? A Scottish national referral mechanism could be introduced. Given that victim care, policing, criminal justice and criminal compensation are all devolved matters, the Scottish Government could consider establishing a Scottish national referral mechanism. Any immigration issues should be referred to the UK Border Agency, but a Scottish national referral mechanism should be established to provide a multi-agency identification and referral mechanism. The system would be closer to victims and could build on existing successful multi-agency models. As decisions can have a significant impact on an individual’s rights, a swift and effective process to appeal negative decisions could also be introduced.
Thirdly, we call for leadership from the Scottish Government and a statutory obligation for all relevant agencies to work together to ensure that traffickers cannot disappear between the cracks as they do at the moment. One point on which all the major reports agree is that the Scottish Government is the prime body with the power to convene, provide a platform for and set priorities for those agencies. The forum that the Government suggests in the motion is good, but it does not go far enough to put in place the comprehensive channels of communication that are necessary to allow the agencies to co-ordinate, share information and protect the victims of trafficking.
If, by supporting our amendment, the Government could commit to putting in place a statutory obligation, there would be more confidence in its commitment to tackling trafficking, which is becoming an even more realistic threat in Scotland.
In December, in a debate on the legacy of the Commonwealth games, I expressed to the Minister for Commonwealth Games and Sport, Shona Robison, the concern of Baroness Helena Kennedy that the Commonwealth games pose a stark risk of an increase in persons trafficked into Scotland. I called on the Scottish Government to provide anti-trafficking training to front-line, emergency service workers in the greater Glasgow area to mitigate that risk. Indeed, some of the games contractors are already undergoing anti-trafficking training that has been organised by Glasgow City Council.
Unfortunately, Shona Robison said that there was not enough evidence of trafficking to justify that training. I hope that she will reconsider that response after the debate, and I urge the minister to reflect in her closing speech on whether she believes that the risk of human trafficking is still insufficient to provide such training and, if not, whether the Government will reconsider the idea.
It is also critical that we raise awareness among the rest of the population, because the victims are difficult to identify. I have lodged a motion that has attracted cross-party support and urges the Government to introduce legislation similar to that in England that recognises anti-slavery day on 18 October with the purpose of raising public awareness of human trafficking, which is the modern form of slavery. Anti-slavery day has proven to be a successful means of capturing public attention in England, and I ask the minister again whether she will set the ball rolling for Scotland to recognise it this year and in years to come.
Ms Marra, I would be grateful if you could come to a conclusion and move your amendment.
Thank you, Presiding Officer.
Those are a few of the recommendations from the report on human trafficking, and I urge the Government to pull those three recommendations together in a human trafficking bill in this Parliament.
I ask the Presiding Officer to allow me to finish with some words from John Stuart Mill:
“A person may cause evil to others not only by his action but by his inaction, and in either case he is justly accountable to them for the injury.”
I move amendment S4M-02133.1, in the name of Lewis Macdonald, to insert at end:
“and believes that strategic leadership from government must be provided and urgent action must follow across the range of agencies to tackle human trafficking and its consequences for victims.”
16:03
Like Ms Marra, I thank the Scottish Government for bringing the debate to the chamber and whole-heartedly concur with the sentiments that the cabinet secretary expressed in his opening speech. Like him, I welcome the reports by the Equality and Human Rights Commission and Scotland’s Commissioner for Children and Young People as useful contributions to the further development of our response to human trafficking.
Slavery and exploitation should rightly be taken with the utmost seriousness by the Government and require a collaborative approach at all levels. When the Scottish Government has co-operated with the United Kingdom Government—as it has done in drafting and updating the UK national action plan on trafficking—the result has been to develop a coherent policy throughout the United Kingdom, which, in turn, forms part of a wider co-ordinated international response.
The matter has a substantial reserved dimension, and we must not overlook the broad nature of the organisations that are involved in tackling human trafficking, especially at international level. We must also be mindful of our own failings on the matter and how we may lag behind other parts of the United Kingdom in addressing the crime.
As we have heard, an average of around 75 reports a year to the UK’s national referral mechanism originated from Scotland in a period that saw only two convictions secured in our country for trafficking offences. They were the first two such convictions in Scottish legal history. We have been informed that the Crown has prosecuted a number of trafficking-related crimes as more traditional and compartmentalised crimes and offences, but they carry lower penalties, which may fail to reflect the seriousness of the activity.
I submit that it is not the law that is particularly lacking in this area. As has been highlighted time and again in the reports that we receive, there seems to be a shortage of knowledge of the issue and of collective will to address its particular attributes. In evidence to the Parliament’s Equal Opportunities Committee in 2010, the former Lord Advocate Elish Angiolini noted that the problem with conviction numbers was less to do with the law and more to do with the fact that the Crown
“can prosecute only what comes through the door and is reported to us”.—[Official Report, Equal Opportunities Committee, 5 October 2010; c 2074.]
What makes trafficking for sexual purposes difficult to combat is the iniquitous nature of the control that is exercised over its victims and of the relationships between traffickers and those who are trafficked. Often, weak and vulnerable people are groomed before being gradually pushed—by partners, family members and people who themselves have been trafficked—into a lifestyle that they would never choose of their own free will and accord. It is well recognised that the problem can be particularly difficult to detect, prosecute and deal with using conventional policing and judicial means.
To improve on how we combat trafficking, we must rely on effective and joined-up intelligence across the range of organisations in the public, private and third sectors that deal with people who may be trafficked and subjected to servitude, as opposed to being genuine migrant workers who are here of their own free will and accord. Only in that way can we ever hope to enable the criminal justice system to punish appropriately the people who commit this pernicious crime.
Although the particular problems of dealing with sex trafficking are considerable, the more neglected forms of human trafficking are often the most common. We see cases of people being exploited in domestic servitude or in industries in which they are difficult to track or trace. Comparatively, we focus little on the use of trafficked labour in sectors such as agriculture and construction.
An attribute that all forms of trafficking have in common is the involvement of organised crime, which means that the financial element often reigns supreme. There is evidence that cuts and commissions are taken at many stages in the trafficking process. The closer working arrangements between the Serious Organised Crime Agency and HM Revenue and Customs are to be welcomed, and the EHRC’s suggestions on extending the use of asset recovery powers in trafficking cases are worthy of detailed examination.
Also of significance is what happens outside our own borders. The UK Government has been working with other nations to increase the priority attached to trafficking in their jurisdictions with the intention of disrupting the criminal activity at its source. In addition, the Foreign and Commonwealth Office and the Department for International Development are working in those countries to raise awareness among the people who are most at risk of becoming trafficking victims.
The UK has a long and admirable history of tackling forced labour and servitude. In 2007, as we have heard, we celebrated the 200th anniversary of the abolition of the slave trade. That campaign was led by William Wilberforce, a towering figure and parliamentarian of his time, who was the subject of an excellent biography by our current Foreign Secretary, William Hague. The abolition of the slave trade was enforced across the Atlantic by the Royal Navy’s west Africa squadron, and other European nations soon followed Britain’s lead in the area. Slavery, a status that was unknown to the law of Britain, was later outlawed across the British empire in 1834. In keeping with that tradition, in more recent times the UK has been active in the international community in co-ordinating action to tackle the problem of forced labour.
I commend the Scottish Government’s initiatives on human trafficking and its willingness to collaborate and to co-ordinate policy, the need for which we have underlined in our amendment. I signify our support for the cabinet secretary’s motion and the amendment in the name of Lewis Macdonald, which Ms Marra moved.
I move amendment S4M-02133.2, to insert at end:
“; welcomes the active cooperation among governments and agencies across the UK to tackle this issue, and acknowledges the need for policy coordination.”
16:10
I welcome the opportunity to speak in the debate, and I declare a relevant interest as a member of Amnesty International and of the Faculty of Advocates.
The insomniacs among us in the chamber may have seen last week’s Scottish questions from Westminster, which was broadcast on BBC 2. Fiona Bruce, a Conservative member of Parliament—not to be confused with Fiona Bruce of BBC fame—raised the issue of human trafficking in the House of Commons and asked David Mundell whether he agreed with her view that human trafficking was an issue best tackled at UK level. Mr Mundell answered by saying:
“I absolutely agree with my hon. Friend that the UK can bring great weight to this issue on behalf of Scotland. It is also an issue where we have been able to work with the Scottish Government, demonstrating that the two Governments can work together on matters of great importance on a day-to-day basis.”—[Official Report, House of Commons, 22 February 2012; Vol 540, c 857.]
It is clear that David Mundell was nearer the mark than Fiona Bruce, and the Scottish Government must and should co-operate with the UK Government on these issues. However, this subject above all should not be a constitutional one. Scotland can and must be able to do more, because human trafficking is deadly serious.
Human trafficking knows no boundaries and if Scotland is to challenge it, it cannot do so within boundaries. Trafficking must be confronted by the international community through international strategies and multilateral involvement in global humanitarian organisations.
I had the good fortune to be present at the launch of Baroness Helena Kennedy’s report, “Inquiry into Human Trafficking in Scotland”, at the Hub in Edinburgh in November last year. The recommendations aside, the background information in the report concerned me. Perhaps unsurprisingly, the EHRC was unable to determine accurately the extent of trafficking in Scotland due to its particularly clandestine nature, but, based on referrals to the national referral mechanism during a sample period, a conservative estimate of 75 victims each year is likely.
We should reflect on that: every year, 75 vulnerable adults—and children—arrive here in Scotland, often promised a stable job and basic pay, only to end up bonded with debt, imprisoned in flats run by trafficking circles and forced into the sex trade, domestic servitude or the drug trade, or even into forced work in legitimate employment such as agriculture or catering. As Scotland’s Commissioner for Children and Young People has highlighted, there are currently no reliable data on the scale and nature of trafficking of children.
It is clear that the conviction rate is an issue. Section 22 of the Criminal Justice (Scotland) Act 2003 deals with trafficking in its most prevalent form: prostitution and sexual exploitation. However, since 2003, there has been only one successful prosecution under the act, which affected only two offenders. Since an equivalent act came into force in England and Wales, there have been 150 successful prosecutions.
Recent legislation such as the Criminal Justice and Licensing (Scotland) Act 2010 confronts trafficking, but there is no doubt that we can do more. We can look to the EHRC report for guidance on where to start. Although the parliamentary timetable is tight, I hope that the Scottish Government will find the time to consider seriously whether a new catch-all piece of legislation can be introduced. I welcome the cabinet secretary’s comments in relation to statutory aggravation in that regard.
It was suggested in the EHRC report that prosecution of trafficking in Scotland faces an additional hurdle in the form of the requirement for corroboration in criminal cases. In December last year I welcomed the Carloway review and the proposal to end the requirement for corroboration if appropriate safeguards were forthcoming. Whatever the merits of the review’s proposals, there can be no doubt that corroboration can be a barrier, and when we reflect on it, we should not forget its relevance to trafficking offences.
Most importantly, human trafficking—as the EHRC report argues—should not be viewed as a “foreign problem”. Scotland is a destination country: it is our problem as much as anyone else’s, so what more can we do? The report calls for a strategic approach to trafficking, and I am pleased that the Scottish Government is hosting a summit to refresh the strategic direction for policy.
A summit will, itself, raise the profile of the issue among the wider public—another key recommendation of the report. There are many other recommendations, all of which merit closer examination. For example, the report states that
“human trafficking thrives where there is inequality”.
It is clear—however optimistic it may be—that inequality must be reduced if we are to create an environment in which trafficking is less likely to occur.
International co-operation is also paramount. Article 4 of the United Nations Universal Declaration of Human Rights states:
“No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.”
Amnesty International did sterling work in relation to trafficking in its 2008 report, “Scotland’s Slaves”. However, as Amnesty International states, human trafficking is a form of modern-day slavery and we need international strategies to deal with that modern-day problem.
On a European level, let us not forget the Council of Europe Convention on Action Against Trafficking in Human Beings, which also outlines a pan-European strategy for tackling the problem. At a UK level, we need to continue to co-operate with the UK Government and UK agencies with the same determination to facilitate seamless co-operation around the globe. At the domestic level, I welcome the Scottish Government’s commitment to the introduction of a trafficking care standard and an end-to-end service for trafficking victims.
I support the Government’s motion and I am very glad indeed that we are having the debate. I hope and believe that Scotland can take the lead in the defence of fundamental human rights in this area.
16:16
I welcome and support all the input into today’s important debate. Human trafficking is a gross violation of fundamental human rights. It is a heinous crime that needs to be addressed globally as well as in the UK and right here on our doorstep in Scotland.
As described by many professionals and reports on the issue, human trafficking is fast becoming the world’s biggest example of organised crime. It is a disgusting crime that involves vulnerable people being exploited for the benefit of criminals. Those vulnerable men, women and children are exploited with empty promises or violence and are then desperately trapped and forced into prostitution, slave labour and criminal activity.
The report that was published by Scotland’s Commissioner for Children and Young People said that 80 children in Scotland have been trafficked within Scotland and that many more child victims who have been sold, stolen and transported thousands of miles remain unidentified. The report draws on many sources and the research revealed that awareness of child trafficking in Scotland is low. That lack of awareness may have led to a significant number of cases remaining unidentified, with vulnerable children not being referred to relevant agencies. Those children are the most vulnerable people in our society and we are not doing enough to identify, locate and help them.
As many members know, Scotland recently had its first conviction for human trafficking. However, that is only one conviction. There are many more traffickers in Scotland and the UK who are getting away with this awful crime. One reason why Scotland has such a low conviction rate is that there is no separation between the crime of human trafficking and immigration crime. Victims of trafficking do not want to be referred through the national referral mechanism because they are afraid of retribution by their traffickers or fearful of the consequences of being brought to the attention of the authorities because of their immigration status. That situation must be addressed.
The report by Baroness Kennedy QC highlights many problems in Scotland and gives several recommendations that the Equality and Human Rights Commission thinks will help to tackle human trafficking in Scotland and get more of these repulsive criminals convicted and sent to jail. The report asks many questions, some of which are vital given the approaching London 2012 Olympic games and, more important, the 2014 Commonwealth games in Glasgow. I recently asked the Scottish Government how it plans to tackle possible increases in human trafficking to Scotland that might arise from the 2012 Olympic games and the 2014 Commonwealth games. Shona Robison answered that the Government is working closely with the police and that
“There is currently no intelligence to indicate that human trafficking will be an issue for Scotland from either games.”
Will the member take an intervention?
No. I have got a really tight six minutes. I am sorry.
However, Baroness Kennedy’s report warned that human trafficking will increase in Scotland around the time of the London 2012 games and significantly in Glasgow in 2014. It also said that there is a significant gap in police intelligence on the issue of human trafficking. We have two years in which Scotland can tackle human trafficking and make this a hostile environment for traffickers.
Helena Kennedy’s report raised many issues, provided much information and asked many questions. I have asked the Scottish Government many of those questions and I hope that the Government will give me and members a straight answer.
Many organisations that have helped victims of trafficking agree with all the inquiry recommendations, especially the recommendation that consideration be given to introducing a human trafficking bill in Scotland and the call for greater leadership from the Government. During the past year, Northern Ireland published the organised crime task force “Annual Report and Threat Assessment 2011”, as a tool for researching and assessing human trafficking in Northern Ireland. Wales appointed an anti human trafficking co-ordinator, to monitor anti-trafficking efforts and to make recommendations for improvement. When will Scotland get an anti-trafficking monitor or, better, a multi-agency task force to tackle human trafficking in Scotland?
Baroness Kennedy recommended that the Scottish Government run a nationwide campaign to raise awareness of human trafficking in Scotland. The blue blindfold campaign is one of many initiatives that have helped to raise awareness of human trafficking in England and Wales but, unlike our neighbours south of the border, we in Scotland have not had a concerted campaign to raise awareness of human trafficking. A vocal campaign would raise public awareness of the issue and enable people to know what to look for if they think that they have spotted a sign of human trafficking. A campaign is a crucial measure that we can take to help to rid our nation of the crime of trafficking and make Scotland a hostile environment for traffickers.
In a debate last year I said that Phil Taylor, the UK Border Agency’s regional director for Scotland and Northern Ireland, had criticised the criminal justice system for being too slow to deal with sex and labour trafficking. Such comments must be taken seriously. I hope that MSPs, who are representatives of Scotland, can take collective action to vanquish human trafficking and all other forms of modern slavery.
The inspector general of the United States Department of Defense said in 2008:
“for those of us who are in a position to do something to combat human slavery, however small our contribution, neutrality is a sin.”
I say to all members of the Parliament that we are in a position to act not only to combat human slavery but to take the lead on human trafficking, so that such a monstrous crime has no place in Scotland.
16:22
I welcome the decision to devote debating time in the Parliament to a serious subject on which I have spoken on many occasions. I declare an interest, because I am a campaigner for Stop the Traffik. I also welcome the publication of the two reports that are referred to in the cabinet secretary’s motion.
We have had several debates about human trafficking in the Parliament over the years and I have raised the issue in letters and questions to ministers and the First Minister. I have been left in no doubt about how seriously the Scottish Government takes the issue. Baroness Kennedy herself said that her discussions with the First Minister and the Cabinet Secretary for Justice during her inquiry impressed on her how personally committed they both are to eradicating trafficking from Scotland.
Baroness Kennedy’s report is a substantial and serious piece of work, which provides much food for thought and a useful road map for building on and enhancing the work that the Scottish Government and the relevant agencies in Scotland have done and the systems that have been put in place. I fully endorse Baroness Kennedy’s recommendation that
“Scotland should be taking steps to make it clear that it has established an environment which is totally hostile to trafficking and that the police, border agency and all other parts of the state apparatus are geared up to stamp it out”,
although I add that the activities of the UK Border Agency are—somewhat notoriously—not exactly open to the influence of the Scottish Parliament or the Scottish Government. I will come back to that.
I am glad that the Scottish Government has agreed in principle to accept the vast majority of the recommendations in Baroness Kennedy’s report. That does not detract from the actions that the Scottish Government has already taken or the significant investment that has been directed towards preventing trafficking and dealing with its consequences in Scotland. However, we all recognise that the area is one in which, in many respects, our work is never done. The nature of trafficking will change and evolve at different times and in different places. The traffickers themselves are by their very nature cunning and manipulative, and they will change their methods in an attempt to get round the systems that are put in place to stop them. Therefore, there will always be room for improvement and we must always be vigilant, to ensure that our response to trafficking keeps pace with the nature of the crime.
I welcome and look forward to the summit on trafficking that the Cabinet Secretary for Justice has pledged to convene. It will help to bring together everyone with an interest in this issue, in order to identify and implement the continuous improvements that I am talking about.
I endorse Baroness Kennedy’s recommendations. To them, I would add a particular concern that has been brought to my attention—that the emphasis on organised crime in discussions about trafficking could, in some cases, detract from situations in which children who are trafficked are victims not of organised crime but of more random criminal behaviour by families who sell on their children. We must keep that form of trafficking in our minds at all times.
I said that I would come back to the UK Border Agency. Anyone who knows me will know that I do not get on with the UK Border Agency. Some of its methods and attitudes act as a hindrance to identifying and tackling trafficking in Scotland. I would go so far as to say that the UKBA lacks humanity. In my opinion, that puts lives at risk. The UKBA’s refusal to communicate with MSPs at any level has been an issue in this chamber before, but this bears repeating: immigration and asylum may be reserved matters, but their impact is felt in devolved areas and is just as likely to be dealt with by a member of this Parliament as by an MP. By continuing to refuse to deal with MSPs, the UKBA is placing barriers in the way of the properly co-ordinated response that we all recognise is required to deal with trafficking. The UKBA is putting people who have been trafficked at risk of not receiving the recognition and support that they need.
That brings me on to the national referral mechanism, which has serious weaknesses. In the mechanism, the UKBA and the UK human trafficking centre are identified as competent authorities with the right to make decisions on trafficked status. We do not have that ability in Scotland because the UKBA does not even speak to us.
In evidence to an Equal Opportunities Committee inquiry, in which I took part, Michael Emberson of Migrant Helpline said:
“it is the only system in the world that requires the victim to consent to being a victim. They have to sign the form; otherwise, it cannot be put into the NRM and they cannot get a decision.”—[Official Report, Equal Opportunities Committee, 4 May 2010; c 1670.]
During the committee’s inquiry, a report, “Wrong kind of victim?”, was mentioned that was highly critical of the NRM. It was produced by the anti-trafficking monitoring group—a coalition including Anti-Slavery International, Amnesty International UK and TARA, the trafficking awareness-raising alliance. The report found that new anti-trafficking measures were “not fit for purpose” and that the UK Government was breaching its obligations under the European convention against trafficking. It also found that the NRM was “flawed”, possibly discriminatory and operated by “minimally trained” UKBA staff who put the emphasis on the immigration status of the presumed trafficked people. Trafficked people are victims of crime, not criminals.
I raise the problems with the UKBA not to absolve the Scottish Government of responsibility—far from it. I am sure that the justice secretary will confirm that I have sent letters to him on these issues. However, it would be remiss of me to ignore the fact that if the Scottish Government does not have control over the policing of borders or the identification of victims of trafficking, it does not have control over some of the most crucial tools that are available in tackling trafficking.
It is not only the current UK Government that has had such issues brought to its attention; the previous UK Government did too. Neither of them has dealt with them, and that should be to their eternal shame.
16:28
I, too, declare my membership of Amnesty International.
I am the convener of the cross-party group in the Scottish Parliament on human rights. Last week, a meeting of the group, which was well attended by members from a variety of parties, dealt with the same issue that we are dealing with today. Such a consensual approach needs to be adopted both within this nation and further afield.
At that meeting last week, we heard from Amnesty International Scotland, Scotland’s Commissioner for Children and Young People, the Equality and Human Rights Commission and TARA. All made excellent contributions, many of which have been referred to today.
We heard from Amnesty about its groundbreaking report in 2008, “Scotland’s Slaves”. The report highlighted the prevalence of human trafficking in Scotland, focusing on women and girls who are trafficked into the UK for sexual exploitation and domestic servitude.
The children’s commissioner spoke about identifying the number of children involved. Without in any way seeking to minimise the importance of the matter, I would say that the figure given earlier does not tally with a figure that was sent to me in a briefing yesterday—80 children in the past 18 months, which is clearly 80 too many. The clear consensus is that quantifying the issue is proving to be very difficult.
We also heard from TARA. It is unfortunate that Malcolm Chisholm is not still in the chamber, because TARA gave examples of the support that is given across the central belt and beyond, and the complexities involved in that. TARA also gave us a very harrowing report about the horrendous circumstances in which some people find themselves, the impact of their incarceration on people who are still in their country of origin, and the predatory individuals who deal with them. Migrant Help works closely with TARA—both organisations are funded by the Scottish Government—and last year helped 130 individuals.
We have heard trafficking described as modern-day slavery. The Equality and Human Rights Commission describes it as “the underbelly of globalisation”. It is a global problem, and it is shameful that I can use the words “Russian mafia” and “Isle of Skye” in the same sentence. That is the reach of the problem, and a global effort from a variety of agencies will be required to tackle the many problems that create the environment in which trafficking flourishes.
The situation is not helped by the withdrawal of the three specialist UKBA officers who were assigned to Stranraer. The connection between Scotland, the north of Ireland and the Republic of Ireland is well understood; trafficking flows in both directions, and was the subject of a prosecution. I was delighted to hear the cabinet secretary’s comments about his discussions.
There is a contrast in respect of the additional £4 million that the Scottish Government has put into the Scottish Crime and Drug Enforcement Agency. There is important expertise within the agency, which can deal with international policing and drugs-related issues. Of course, organised crime is not always involved, but it is clear that serious crime, which comes under the SCDEA’s remit, is involved. The opportunity to stop money laundering and confiscate assets cannot be lost.
The international dimension is very important. The Serious and Organised Crime Agency leads on that for the UK and runs the trafficking centre. It is important to co-operate across boundaries, not least the boundaries between the nations of these islands.
Much has been made of the fact that there has been only a single prosecution, although the sentences were certainly salutary. The reality is that there have been related prosecutions for offences involving people living off immoral earnings or for identity card offences and fraud. The issues are not simple. As Roderick Campbell alluded to, many of them were picked up in the Criminal Justice and Licensing (Scotland) Act 2010.
There are limitations on what can be done, given that certain matters are reserved. However, a statutory aggravation for trafficking would be an excellent way of dealing with the issue. It might be a swifter solution, as it could be appended to a variety of already serious crimes. I think that the judiciary would respond accordingly.
I was reassured by an answer to a parliamentary question to the Lord Advocate, who said:
“all human trafficking offences are ... considered by specialist prosecutors at a very early stage to ensure that a specialist and consistent approach is applied to maximise the quality of the investigation and outcome.”—[Official Report, 23 June 2011; c 1039.]
There is so much to say on the subject and so little time. It is important that we find victims and that they are confident in coming forward. As the EHRC report says, it is vital to see trafficked people as victims of crime rather than as immigration offenders. I am grateful to all the organisations that have sent us information.
I could not agree more with Christina McKelvie about the UKBA, which would do well to reflect on the statement that it is vital to see trafficked people as victims rather than as immigration offenders because, as the EHRC report says, it has a clear conflict of interest.
There is a clear role for the referral mechanism, but I support Christina McKelvie’s position that that is not a role for the UKBA and is one that should be undertaken by local authorities.
Will the member take an intervention?
The member is in the final minute of his speech.
There is a link between trafficking and poverty; trafficking also has an international dimension. I welcome the Scottish Government’s research, which will inform future care standards. The hidden victims of the terrible crime of trafficking must have justice, and adding a trafficking aggravation to crimes is one way to do that.
16:34
I declare an interest as the previous director general of the Scottish Crime and Drug Enforcement Agency, and the first law enforcement officer in Scotland to focus on human trafficking as a major problem, based on my experience elsewhere in Europe and the world.
It is always more comfortable to speak in the chamber when there is cross-party agreement on an issue, and it is salutary for anybody outside this building to know that Parliament is unified in its acknowledgement of the problem of human trafficking and in its disgust for those who engage in it.
The debate is timely for me. Only last month I was asked by a defence agent to visit a young man on remand in Barlinnie prison who was awaiting trial for engagement in organised crime on a cannabis farm. I agreed to see him. He had been brought to this country by an organisation that he described as snakeheads—an organised crime group from China. He had been brought here in the belief that he would be able to earn a living somewhere in Europe, so he did not know that he would end up in Scotland. He was in abject poverty, had lived in Scotland for more than two years, had one other associate in the country whom he deemed a friend, could not speak English, was completely powerless, had no official documents, and lived life in debt to the organisation.
On a week-to-week basis, he was delegated work selling counterfeit DVDs and, in the interim, looked after cannabis farms at the behest of the gang. When he initially decided that he would not become involved in that criminality, he was attacked with machetes and spent time in the Southern general hospital being treated for the wounds that he suffered, which I saw with my own eyes.
He was obviously in poverty. His clothes were of the lowest standard. He had no contact from outside the prison—he received no letters or telephone calls—and, other than the solicitor who represented him, no one offered him any support. There is no doubt that he is a victim. He was brought to this country by alleged human beings for one purpose only—to create profit for the people running that business, whether as an organised crime group or as a small local industry. That profit is reinvested in crime.
It is not only for reasons of criminality that people are brought to this country. As other members have said, people are brought here to be entered into domestic servitude, to berry pick and perform other menial tasks on farms, to work in the fish or cockle industries, or to work in the fast-food industry or restaurants. Throughout Europe, those are recognised as parts of a major trail. People are exchanged between countries and bartered as though they were coupons, and we stand aside, almost powerless to intervene.
I agree with everything that Christina McKelvie said about the UK Border Agency. It is too comfortable to find someone outside the country to blame. I applaud the cabinet secretary for all that he has done so far in combating organised crime. He mentioned his contacts with Eire, Northern Ireland and Wales, but there was one obvious omission. I encourage him to engage with the Home Secretary and to make personal contact with her—a task that I think he is yet to undertake. Such a link could persuade UK agencies to engage more productively with us in Scotland.
Members have already spoken about the sex industry, so I do not intend to address it in any detail. The industry is UK-wide and young women are moved around the country on a regular basis according to demand—almost in the same way as hire cars. There is no doubt that the Olympics and the Commonwealth games will create a market of men who come to this country to look for those services.
Members have also mentioned the exchange and sale of children across countries. Such cases are not often recognised as trafficking, but that is what they are. We should bear in mind that, at the time of Wilberforce, who has been mentioned, human beings probably did not recognise that having people as slaves was immoral and unjust. For that to be recognised, it took a man to stand on his feet and argue against that culture. In passing, I mention that evidence from elsewhere in the UK indicates that children in care homes are sometimes trafficked by men who identify them, subvert them and use their powerless situation to engage them in the sex trade.
I support all that has been said about the need to name the crime and use the aggravation element; to create a database that would give us the services landscape; to co-ordinate all our agencies; to develop interpretation services to enable people to speak and communicate; and to have the minister lead on a strategic plan with adequate resources to train staff and to properly respond to the challenge that we face.
16:40
I welcome the opportunity to take part in the debate and I pay tribute to all those who are involved in the fight against the truly horrendous crime of human trafficking. As other members have done, particularly my colleague John Finnie, I put on record my concerns about the withdrawal of funding for the three specialist UKBA officers at Stranraer, which, as he eloquently said, is a strategic point. I welcome the cabinet secretary’s announcement of the close working among other agencies on the issue.
The Palermo protocol to the United Nations Convention against Transnational Organized Crime states:
“‘Trafficking in persons’ shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs”.
The removal of organs has been mentioned. Although the public and media perception of trafficking perhaps centres on sexual exploitation, it is clear from the convention’s definition that trafficking encompasses a wide range of exploitative practices.
Trafficking is not a new phenomenon. For centuries, we have been blighted by the barbaric practice of slavery, which many people have put their lives on the line to stop. It is often mentioned as one of the great success stories of the modern era that, as a society, we confronted the issue and put an end to the practice. Unfortunately, as with many things in the modern day, that is simply not true. Perhaps we have done away with state-sponsored slavery but, more than 60 years after article 4 of the United Nations Universal Declaration of Human Rights banned slavery and the slave trade worldwide, there are more slaves than at any time in human history. Conservative estimates put the figure at around 30 million, but many sources put it at 10 times that amount, which means a staggering 300 million people are being exploited in one way or another.
Until we send a clear message to those who are involved in any form of human trafficking or slavery, the numbers will continue to rise and more people will have to endure that truly horrendous crime. That is why the Equality and Human Rights Commission’s report is a wake-up call in the fight against human trafficking. It is disappointing that, as my colleague Roderick Campbell said, despite the fact that we have specific legislation that is aimed at tackling trafficking, when the report was produced, there had been only one successful prosecution in Scotland, while in England and Wales there had been more than 150.
In June last year, I asked the Lord Advocate why that was the case. He replied that, although there had been few prosecutions that were directly related to human trafficking, there had been other connected convictions for offences such as living off immoral earnings and fraud and for offences under the Identity Cards Act 2006 and the Immigration Act 1971. Although I do not doubt that any prosecution is to be welcomed, like my colleague John Finnie, I would like the prosecution service to give far more priority to gaining convictions for trafficking.
We will begin to win this battle only through making it clear to those involved that trafficking is unacceptable and that they will face the full force of the law for their crimes. The report states that Scotland should
“make it clear that it has established an environment which is totally hostile to trafficking and that”
all bodies
“are geared up to stamp it out.”
I welcome the cabinet secretary’s announcement of a summit to bring together relevant agencies to consider the policy and its delivery. Mary Fee, Jenny Marra and Graeme Pearson all mentioned the Commonwealth and Olympic games. If there is any movement towards trafficking at either of those games, will the summit address what we can do about that?
I do not doubt the resolve and commitment of all those involved in the fight against human trafficking, but we must do better. We must do everything that we can to send out the clear message that Scotland does not tolerate any form of human trafficking and will use all the power at its disposal to convict those responsible. If that requires further legislation, as suggested by the report, I will welcome that legislation. I note the Scottish Government’s response that any bill would have to be considered alongside a wide range of other potential legislative priorities. I genuinely welcome the cabinet secretary’s announcement that the Lord Advocate will consider bringing in a statutory aggravated criminal offence for trafficking. I hope that it is recognised that that should be a priority. We need to act now.
Human trafficking is the fastest growing organised criminal activity in the world. The stories are horrific and harrowing, and it is happening here, today, in Glasgow and throughout Scotland. Legislation is the best way to tackle this crime and bring justice for the victims, and I would be happy to support, sponsor or introduce any consultation or legislation that might be required, should the Government be supportive of that approach. I will certainly support the Government on any legislation that it introduces to bring an end to this horrendous crime.
16:47
I declare an interest as a member of the cross-party group on human rights.
I, too, welcome the opportunity to take part in this important debate. It should be a matter of great shame that this modern manifestation of a truly vile crime exists at all here in Scotland. There is a widespread lack of public understanding of the problem and of its manifestations. Most Scots are unaware of the extent of the problem and they would, of course, be appalled to learn what is going on, but that lack of knowledge allows the crimes to go undetected.
Trafficking is multifaceted, and by its very nature is a hidden crime. Those who ought to help and protect its victims, including police officers, border officials and social workers, must rely on a degree of public awareness to alert them to potential trafficking victims. We need to develop far better public and professional awareness of trafficking. The debate will, I hope shed some light on the issue and be a catalyst for change.
We can draw on a series of studies and reports published over the past two years that scope out the scale of the problem of human trafficking in Scotland and identify shortcomings in our approach to stamping it out. I refer to the Scottish Parliament’s Equal Opportunities Committee report on migration and trafficking, the report by Scotland’s Commissioner for Children and Young People, entitled “Scotland: A safe place for traffickers”, and the January 2012 EHRC Scotland inquiry report, which many of us have focused on this afternoon. Disappointingly, there has been little response to the reports so far. If the recommendations were acted on, the situation for victims could be improved and Scotland made a more hostile and less profitable place for traffickers.
The EHRC inquiry report, which is the most recent of the reports, is unambiguous in its recommendations. The Scottish Government must accept the 10 key recommendations and take action. The inquiry’s findings are shocking. They state that human trafficking exists throughout Scotland, with its victims—women, girls, boys and men—found not only in private sex flats but in hotels, restaurants, farms, sweatshop factories and domestic servitude.
We know that Scotland is lagging behind in tackling this most appalling crime. We have heard already that it was last September when Scotland eventually saw the conviction of two individuals for sex trafficking—the first successful prosecution under section 22 of the Criminal Justice (Scotland) Act 2003. That compares with more than 150 successful prosecutions in England and Wales.
We have already heard that the scoping study by Scotland’s Commissioner for Children and Young People found that at least 80 children, and possibly many more, were trafficked into Scotland over a period of 18 months without a single person being convicted of that crime. Those children have been sold, stolen, taken off the streets and transported thousands of miles—sometimes, they were just given up by their families in the belief that they would have a better life elsewhere. While trafficked children might face sexual exploitation, other forms of abuse, which might be just as common, include forced labour, benefit fraud and domestic servitude.
It is clear that the number of referrals of suspected child trafficking cases is likely to represent only the tip of the iceberg. Many more children are likely to remain unidentified.
It is important to stress that trafficked people are victims and not an immigration problem. Policing and victim care and support must be improved, and the restoration of the victim’s human rights must be put at the heart of a new approach.
The EHRC reports that Scotland does not yet have a comprehensive, end-to-end service for victims of human trafficking. To my mind, that is a comprehensive failure. The Human Trafficking Foundation has identified that the level and quality of accommodation, medical assistance, health services, interpreting services and legal assistance that are made available to trafficked people varies widely depending on the type of exploitation to which the person has been subjected, their location and the capacity of the local support providers.
The foundation also points out that, although safe and appropriate accommodation is vital, the convention includes lots of other support that people are entitled to, such as access to psychological support, interpretative material, medical assistance, legal advice, compensation, legal redress, assistance with repatriation and return, and education for children. We are a long way from reaching that standard. That chimes with the recommendation on finding 10 in the EHRC report, which states:
“The Scottish Government should develop a Trafficking Care Standard and introduce an end-to-end service for trafficking victims.”
My predecessor in my portfolio, Robert Brown, raised concerns in the previous session that the Commonwealth games in Glasgow would bring an increase in trafficking. I think that his concerns were taken lightly, despite the evidence from other events. For example, in the run-up to the Olympics in London, the vice unit of the Metropolitan Police was given an extra £600,000 to pay for a specialist unit to work over three years to tackle trafficking in the five Olympic boroughs.
Does the member agree that awareness training is necessary for front-line emergency staff, such as the police, ambulance staff and firefighters, before the Commonwealth games in Glasgow?
Jenny Marra makes a good point. We hope that the Government will pick up on that. Such training would be sensible.
As Mary Fee said, Baroness Kennedy, the investigating commissioner for the EHRC inquiry, said that Scotland should be taking steps to make it clear that it has established an environment that is totally hostile to trafficking, and that the police, border agencies and all other parts of the state apparatus are geared up to stamp it out. She emphasised that,
“It is important that this is done well before the Commonwealth Games. Such international sporting events can be magnets for traffickers because of the huge number of male attendees.”
I hope that the Government will now pay heed to the issue.
The convention also includes a non-punishment provision to protect from prosecution trafficked people who are forced or coerced into committing criminal acts.
I would be grateful if you would close, please.
Okay.
I welcome the cabinet secretary’s offer to have a multi-agency summit to refresh the strategic policy, but that must be only the beginning. We will support Labour’s amendment, which emphasises that point. Scotland must stamp out this crime. A modern Scotland should not harbour human traffickers.
16:53
I, too, am pleased that the Parliament has taken time to discuss this important issue, as that in itself will raise awareness among the general population and help to combat this scourge in our society.
In March 2008, I led a debate in the Parliament to mark the anniversary of the United Kingdom signing the Council of Europe Convention on Action Against Trafficking in Human Beings. I was delighted that the convention was finally ratified by the UK Government in December of that year, which brought about the rights of victims of trafficking in domestic law. Since that time, action has been undertaken by the Scottish Government and the UK Government, for which they should both be commended.
The Scottish Government has increased funding for the trafficking awareness-raising alliance and the Migrant Helpline, both of which support suspected victims of trafficking. In 2006-07, funding for those agencies was £39,469. In the financial year 2010-11, they received funding to the tune of £750,000, which allowed them to support nearly 130 individuals. John Finnie mentioned that. I am sure that all the parties in the Parliament welcome that funding increase, as the issue is too important to be used for political gain. The support that those agencies offer is fundamental, because victims require a great deal of support and understanding, especially as many of them do not speak English, are scared and sometimes ashamed and need immediate care.
Non-governmental organisations play an important and vital role. Victims of trafficking are unlikely to disclose information to police officers or immigration officials for a number of reasons, including threats from traffickers; shame and guilt at having been involved in commercial sexual exploitation; concern about their insecure immigration status; fear of the corruption of home-state officials; and suffering from post-traumatic stress disorder.
I encourage the Scottish Government, the police and international and transnational agencies to work closely together. That is equally important, as the approach to the problem must be unified, or our efforts might be wasted and many more young lives might be ruined.
We all know that more must be done not only in Scotland, but internationally. Preventing human trafficking must be seen as a priority for the international community. Only when we have achieved that will we be in a better situation to move forward.
Human trafficking has a worldwide, well-connected criminal network and is a professional and formidable force. It is often connected with other criminal activities, so we must pursue a joint approach. That is why I welcome the additional funding of £4 million over 2009 to 2011 that was allocated to the Scottish Crime and Drug Enforcement Agency from the Scottish Government in a bid to tackle organised crime and to set up Scotland’s first dedicated expert resource to build the necessary intelligence to support and improve human trafficking investigation.
Human trafficking—or should I say slavery, as other members have—comes in many different forms. It involves women who are trafficked for the sex trade, manual workers, farm workers, child pickpockets and children who are trafficked for sexual abuse. According to evidence that was given to the House of Commons, a person was even trafficked for the fishing industry in Scotland.
In a modern society, we must stand together to combat those who seek to undermine our values and beliefs by treating fellow human beings as disposable objects. That is why I very much welcome the Scottish Government’s announcement that the Cabinet Secretary for Justice will host a summit with key delivery partners to refresh the strategic direction for policy and delivery. Following that, I am sure that consensus will be found across the Parliament and the country on how best to combat the despicable and evil practice that is known as human trafficking.
We all have a part to play—politicians, non-governmental organisations, international agencies and ordinary people alike. If we all work together, I am sure that we will take another step forward in preserving our society and at the same time protecting some of the most vulnerable people in the world.
I commend the motion to the Parliament.
16:59
As we have heard many times this afternoon, human trafficking is an extremely serious issue—a form of modern slavery; the buying and selling of people. It is a global problem, yet it is occurring right here on our doorsteps. It takes many forms. Forced street crime, domestic servitude and sexual exploitation are just a few of the forms of abuse.
It is heart wrenching to read accounts of those who have experienced the trade, people who have been sold into the trade by their own families, people who have had sons, daughters, brothers or sisters simply disappear, people forced into the sex trade and forced to endure psychological torture on a daily basis for years and people who have been forced into hard labour, working in dangerous conditions. They have no passport, no money and no hope of escape—if they escape, it could cost them their lives or the lives of people in their families.
Stop the Traffik estimates that between 2 million and 4 million men, women and children are trafficked across borders and within their own country every year, and one person a minute is trafficked across borders. It is a trade that earns twice as much worldwide revenue as Coca Cola does. It is an organised crime on a massive scale and, according to the blue blindfold campaign, many criminal organisations are now switching from smuggling drugs to trafficking humans, as that is seen to be lower risk and to offer higher profits. How can we stand by while the selling of people into those kinds of abuse is seen to be a low-risk business?
The first conviction in Scotland for the statutory offence of human trafficking was given on 9 September 2011. In England and Wales there had already been more than 150 prosecutions. An inquiry into human trafficking in Scotland was commissioned to find out why there was such a large difference. Was it not happening in Scotland? The report found that it is happening, as we have heard many times this afternoon, but it is unseen. It is critical to acknowledge that point so that we can start to tackle the extent of the problem. For example, any statistics regarding the issue need to be taken with a pinch of salt. The report states:
“As a consequence, there are significant difficulties in obtaining a reliable estimate of how many victims of trafficking there are.”
Hence, when committing resources to the problem, we cannot solely depend on the statistics that are available, as that would lead to undercommitting resources and would mean that we could not tackle the issue to its full extent.
Organisations such as the TARA project in Glasgow try to help identify women who are involved in trafficking. In 2010-11, it provided support to 57 women, 56 of whom were new referrals. Twelve of the women received short-term support and 21 received long-term support. Seventy per cent were helped by the project to work with the police. Many women do not go the police, however, and are not even identified, which means that intelligence on this issue is lacking. Agencies must share information more systematically in order to improve performance on gathering intelligence, successful prosecutions and supporting victims. This is not a problem that can be tackled effectively by one agency; it needs a multi-agency approach.
There needs to be more leadership from the Scottish Government on this issue and a victim-centric approach to human trafficking, with the focus on human rights and crime prevention. As many others have said this afternoon, it is important that that approach should be adopted before the Commonwealth games, as large events tend to increase activity, as was the case in Athens in 2004.
Given the low conviction rate, the Government should consider coming forward with a new human trafficking act, so that the crime of trafficking can be tackled head-on, rather than being lumped together with other forms of serious crime, which means that we have to depend on several acts to deal with the issue. The new act should be developed through work carried out alongside the United Kingdom Government. That would allow Scotland to have dedicated legislation relating to human trafficking, give clarity on which practices fall under that heading and enable easier prosecution of those involved.
Scotland’s Commissioner for Children and Young People, Tam Baillie, published “Scotland—A safe place for child traffickers?”. In it, he recommends that the Scottish Government should revise its now outdated guidance on safeguarding children in Scotland who may have been trafficked, and support and co-ordinate training and awareness-raising programmes about trafficking for all relevant professionals, including those in social work, the police, education and health.
The reports that are mentioned in the motion make harrowing reading, and it appears that Scotland has so far failed to tackle human trafficking successfully or effectively. I welcome the cabinet secretary’s commitment to implement the recommendations in the reports and call on the Government to do so before the Commonwealth games in 2014.
17:05
I, too, thank the cabinet secretary for bringing the important issue of human trafficking to the chamber. The debate has been well informed, and there has been much agreement on a range of points.
Human trafficking—the recruitment, transportation, intimidation and incarceration of vulnerable persons—is deception and exploitation at their very worst, and it is to be condemned in the strongest possible terms. A simple Google search on human trafficking in Scotland in 2012 brings up horrifying headlines. There are details of victims of human sex trafficking in modern-day Scotland. Victims are threatened with witchcraft and subjected to torture and are vulnerable to death. Women are viewed as commodities and are forced to take alcohol and drugs. Trafficked women are forced to work for 16 hours a day and to have sex with numerous men. Those violations, including domestic servitude, occur throughout Scotland, not just in the shadowy back streets of our cities, and those abused individuals are not just physically captive; they are mentally shackled and controlled by traffickers. We must resolve as one to root out that evil and bring an end to that suffering. Law enforcement is important, and I welcome the cabinet secretary’s commitment to it.
Jenny Marra was correct to say that quantifying the problem is difficult. As long ago as 2001, the International Organisation for Migration estimated that 1 million people were trafficked for sexual exploitation each year, and the United States Department of State claimed that 600,000 to 800,000 people were trafficked globally each year and that 80 per cent of them were female. That is simply a catalogue of incalculable human misery.
The Equality and Human Rights Commission’s inquiry into human trafficking in Scotland was therefore timely. It was helpful that the Scottish and UK Government response was positively acknowledged, but it was still recognised that more could be done. As other members have indicated, it is disturbing that a low awareness of human trafficking was found among professionals and the public. It was also questioned whether authorities such as the police and health workers were sufficiently well attuned to spot or consider human trafficking issues. If that is allied with the conclusion that police and victim support services often did not work in co-operation and the fact that trafficking was observed to be an issue across Scotland, not just in cities, a troubling picture emerges. Given that the report recommended that the Scottish Government must be willing to take a leadership role in devolved areas and be proactive in its relationship with the UK Government over reserved areas, I am encouraged by the cabinet secretary’s response in holding this debate, and am encouraged by the motion and the intention to host a summit to refresh the strategic direction for policy and delivery. I say to the cabinet secretary that that should be sooner rather than later.
I share Mary Fee’s and Alison McInnes’s anxiety about the possibility of trafficking increasing around the Commonwealth games. It is therefore urgent to frame a date and a structure for the summit. I hope that the minister will expand on that in her speech.
The amendment that was lodged by my colleague Mr McLetchie underlines the need for cross-border co-operation. I thank Roddy Campbell for acknowledging the positive approach from Westminster. I realise that Christina McKelvie has a slightly less positive perception of the UK Border Agency, but I urge the cabinet secretary to share any concerns directly with the Home Secretary. I support that approach. Graeme Pearson also made that point. I have always found the Home Secretary to be reasonable and helpful.
Will the member take an intervention?
I have a very tight time limit. If the member will forgive me, I want to expand on an important point.
As other members have indicated, the report that Scotland’s Commissioner for Children and Young People published last year has also made an important contribution to the debate. It has some common themes with the report from Helena Kennedy, such as issues about awareness and training. We cannot disregard those conclusions, nor can we disregard the concerns that trafficked children are not identified when they come to the attention of agencies and that the capacity to investigate child trafficking is low.
At Westminster, as my colleague Mr McLetchie indicated, the UK Government is taking steps to tackle trafficking and raise awareness. Much good work has been done there.
Closer to home, there is one local weapon available to us in fighting this repugnant trade. As both reports confirm, awareness of trafficking is low. The justice system is supposed to prevent trafficking, but something has to trigger the intervention of the justice system and other agencies. Sadly, sex trafficking is very much a hidden crime and there are concerns about detecting the trafficking networks. These activities are covert; they are out of sight and in the shadows. The traffickers dread exposure. The prospect of being brought out into the light stops them in their tracks and brings an end to their nasty operations and their parasitic lifestyles. One weapon that we have is community intelligence. Individuals throughout Scotland need to be vigilant to report any suspicious activities. We are all observers and we can be the key to unlocking a trafficking network.
I hope that the minister will reflect on that and perhaps indicate in her wind-up speech whether there could be a place for community representatives, in whatever form, at the proposed summit. Those horrid activities take place at community level and they can be uncovered and tackled at community level. I support the motion and the amendments.
17:11
There has been a great deal of agreement in the debate and some good contributions from around the chamber, not least the case study that we were offered from Graeme Pearson’s latest visit to Barlinnie. The speeches have shown that there is a broad consensus on the issue.
Our amendment emphasises the need for strategic leadership from Government and for action to be taken across all agencies to tackle both human trafficking and its consequences for victims. Many members around the chamber have reflected that emphasis.
I welcome the cabinet secretary’s comments on statutory aggravation. He was more cautious on the consolidation of the existing law. He will know, of course, that the EHRC’s recent report found that the current statutory provision is piecemeal and inconsistent. It has grown through legislation passed in the Scottish Parliament and at Westminster over the last 20 years, rather than being founded on a thorough consideration of what is needed in law to deal with the whole problem.
Yet the Council of Europe Convention on Action against Trafficking in Human Beings, which Gil Paterson mentioned, starts from a very specific definition of what human trafficking means. In short, it is the recruiting and transporting of people, using coercion, for the purposes of exploitation, whether in a domestic situation, in conventional employment or in prostitution. That is where our law on these matters should start, too. There is a strong argument for a consolidating bill that brings together all the existing provision, provides a single clear definition of trafficking and a definition of what constitutes unlawful exploitation in this context.
Trafficking and its consequences are, of course, not only a matter for the criminal justice system. A cross-cutting approach will be required in order to make a real impact. That implies the introduction of a bill that addresses the range of issues, deals specifically with the victims of this very specific set of offences and puts measures in place to require agencies to share information and work together.
EU directive 2011/36, on preventing and combating trafficking in human beings and protecting its victims, which the UK Government accepted in principle last July, now needs to be fully implemented in practice. Mandatory prison sentences, for example, may apply in Scotland for trafficking into prostitution but not for trafficking in general. That is something that the EU directive requires and I would welcome the minister’s comments on that when she closes the debate.
The directive offers protection to the victims of trafficking from prosecution for offences carried out under duress. Fiscals in Scotland follow that approach, but the problem is that they must rely on the UK Border Agency’s determination of whether a person is a victim of trafficking. As we heard from Graeme Pearson, Christina McKelvie and other members, that is also an issue, as the UKBA has responsibility for managing the flow of immigration.
If the UKBA fails to identify someone who is referred to it as a victim of trafficking, that person cannot access relevant services or protection and may quickly find their immigration status becoming the number 1 issue, which it should not be. Therefore, it may make sense for fiscals to make their own informed judgment of whether someone is a victim of trafficking, to have more local input into determining who is and is not a victim of trafficking and to consider whether there should be a right of appeal against a negative decision. All those things could be addressed by a Scottish referral mechanism of some kind, and we would welcome ministers’ comments on that.
There is also a significant intelligence gap in what the police know about the activities of the criminal gangs that run the human trafficking. That is part of the reason why there have been few prosecutions of traffickers in Scotland, as is recognised in Gordon Meldrum’s report, about which we heard earlier. Asset recovery powers have not been widely used to date, and many police officers would say that they are not adequately trained in how to recognise and deal with trafficking.
I would be interested in the ministers’ response to those observations, whether they acknowledge those enforcement issues and what they intend to do about them.
It may also be time to revisit the restricted power of arrest that is available to enforcement agencies such as the Gangmasters Licensing Authority, which is required to obtain a warrant in Scotland but not England. Those agencies often have only one chance to detain a suspected trafficker before he flees to a country where his assets cannot be touched and that chance should not be lost. Again, I would be interested in the Government’s views on that.
Enforcement is part of the picture, but the other is support for victims. One option might be a dedicated support unit for trafficked victims. I would be interested to hear the Scottish Government’s views on that. Such a unit could help to identify victims of trafficking and could provide some advocacy for them in their dealings with the UK Border Agency and other bodies.
We know that the trafficking of children for domestic servitude can be an opportunistic crime—that has been referred to in the debate—and I look forward to Aileen Campbell’s suggestions for what should be done to tackle that in particular.
The recommendations have received support across the parties, but there is no doubt that some of them would cost money. It is for ministers to indicate which of those possible measures they will support and, where it is necessary to do so, with what extra resource they will support them.
In light of the evidence from police witnesses to the Justice Committee yesterday about the potential loss of 1,100 support staff in year 1 of the new policing structures, I would be particularly interested to hear whether the spirit of consensus will extend to supporting investment in training and additional intelligence for the proposed police service of Scotland or whether some of the expertise that has already been built up will be put at risk when 1,100 volunteers for redundancy are sought from among civilian police staff.
I welcome the broad consensus in the debate. The real test of that will come when the planned summit—the date of which must, as Annabel Goldie said, be set soon—makes recommendations that have financial implications for the Government, which it surely will. I hope that ministers are able to respond positively at that stage too.
I support the amendment in my name and the amendment from the Conservatives.
17:19
I associate myself with the points that the Cabinet Secretary for Justice made in opening the debate. I also welcome the opportunity to speak on this important subject and to reinforce the message that the evil practice of human trafficking will not be tolerated. That message has been shared by everyone who has contributed to this constructive debate.
The Scottish Government takes very seriously all areas of trafficking, including child trafficking. As Minister for Children and Young People, I am committed to improving the life chances of all children and young people in Scotland: there is no more important role for us than keeping all children safe and well. Along with colleagues, I will do all that I can to create a society that leaves no one, especially the most vulnerable people, behind—a place where every child, regardless of how they got here, gets the best start in life. Sadly, a number of children are trafficked for the purposes of exploitation or abuse, so I will set out some of the issues that affect children.
Our work on child trafficking is grounded in our commitment to working together with partners at local and UK levels. I welcome any work that helps to highlight and to reduce the risks to our children. Scotland’s Commissioner for Children and Young People helped to publicise the hidden crime of child trafficking through last year’s report on it, which highlighted the complex issues that are connected to child trafficking, from the various modes of trafficking to the heightened vulnerabilities of the child victims—which Mary Fee raised and in which I know she takes a great interest. The report contains recommendations that are aimed at helping all the relevant partners to identify and support children who have been trafficked. I urge all those who are involved to act on the report’s recommendations.
Christina McKelvie noted that although immigration processes are reserved, we are responsible for the welfare of children in Scotland, and this Government is committed to ensuring that when trafficked children are uncovered, they are supported appropriately. John Finnie and Rod Campbell spoke about the number of children who are involved. We are working closely with the police and other agencies to combat the trafficking of children, and we will continue to do so.
The Scottish Government’s approach to child trafficking is set in the context of our wider approach to child protection. We have embedded child trafficking firmly in our national guidance on child protection. The guidance contains a dedicated section on the subject that makes it clear that when child trafficking is suspected, it is essential that timely and decisive action be taken. The guidance also sets a national framework to help to shape local practices and procedures, which many members have called for. It aims to improve the way in which all professionals and organisations work together to give all children the protection that they need quickly, effectively and at the earliest possible stage.
Does the minister concede that some of the guidance that is in place is out of date, given the changes that have taken place over the past three years, and that there would be merit in looking at it again and bringing it up to date?
The guidance is refreshed continually, because child protection is an ever-changing arena, but if Mr Macdonald has specific views that he would like to express, I invite him to let me know. We are working to make a difference in this area, and we are constantly vigilant for changes that are required in child protection.
We have created a risk-assessment toolkit, which will support front-line practitioners in assessing all vulnerable children and young people at risk. The toolkit is being piloted and will be published in spring 2012. In addition, my officials are working with the west of Scotland child protection sub-group on child trafficking to explore how the tools that the London Safeguarding Children Board has developed can best help local authorities in Scotland. I hope that that provides further reassurance to Lewis Macdonald.
Following the recommendations in the commissioner’s report, the Scottish Government will explore local protocols for child trafficking with the Scottish child protection committee chairs forum at its next meeting in March. I believe that it would be beneficial to encourage awareness raising among children of the dangers of child trafficking, as the commissioner has mentioned. My officials intend to work with key stakeholders over the course of 2012 to explore how that can be achieved. Many members have called for such awareness raising work to be done.
I highlight the promising results from the first annual evaluation of the Scottish guardianship project, which is provided by Aberlour and the Scottish Refugee Council, and is supported by funding from the Scottish Government. It is a pioneering project that has the aim of helping unaccompanied asylum-seeking and trafficked children to navigate their way through the complex welfare and immigration processes. Since it was set up in the autumn of 2010, it has helped to match more than 60 unaccompanied children with guardians. It is the first service of its kind in the UK, and it demonstrates the Scottish Government’s commitment to ensuring that all children in Scotland get the help that they need when they need it.
I turn to some of the points that were raised in the debate. Malcolm Chisholm, John Finnie, Gil Paterson and Margaret McDougall reminded us that trafficking is not a Glasgow-only problem. I know that they will welcome the fact that the trafficking awareness-raising alliance provides a service across Scotland and continues to be financially supported, along with Migrant Help in Scotland, which provides much-needed help and support to the victims of trafficking.
Will the minister take an intervention?
Yes—I was just coming to the points that Jenny Marra raised.
I thank the minister for taking my intervention; perhaps she was about to answer it.
On the point about Glasgow, does she agree with our call for trafficking awareness training for staff in the key front-line services—ambulance, fire and police—in advance of the Commonwealth games?
Jenny Marra raises a point about training, which is always on-going. Agencies are training their staff: the national health service is developing training and resources, and other agencies remain vigilant in that regard. The child protection training toolkits that I mentioned are constantly being updated.
That was not the point by Jenny Marra that I was coming to—she also raised the issue of prosecutions. She may be interested to know that the multi-agency pentameter 2 operation, which focused on human trafficking, led to 21 people being prosecuted. We remain committed to working on that issue, and we can keep Jenny Marra updated on that work.
David McLetchie and Annabel Goldie explained why collaboration across boundaries—professional or geographical—is important, and made a positive argument from their side of the chamber for how we can deal appropriately with the perpetrators of human trafficking.
Roderick Campbell mentioned the barriers in the legal system and welcomed the summit to which the cabinet secretary referred, which will progress a strategic approach. A lot of members have called for a strategic approach to tackling trafficking, and I know that everyone will welcome the summit. The cabinet secretary will get back to people on the date, and we will ensure that everyone is informed of it. We will listen to Annabel Goldie’s point about ensuring that communities are engaged on the problem of human trafficking.
Is the summit proposed for later this year?
The cabinet secretary has just indicated to me that he will try to do it this year, but he will let people know as soon as possible of the date on which he intends to hold the summit.
Christina McKelvie and Sandra White raised some interesting issues, and they have had a long and outstanding interest in, and personal commitment to, tackling human trafficking. Christina McKelvie made a good point about the changing nature of the crime and—relating to my brief—the need to be vigilant about child trafficking, which is not always related to serious and organised crime.
Graeme Pearson and John Finnie gave us a professional insight into the issue. Their comments were useful, and we are happy to engage with them on the issue of children being sold from care homes. I would be interested to hear more from Graeme Pearson on that point. He may be interested to know that the cabinet secretary has met the Home Secretary and is a member of the inter-departmental ministerial group on human trafficking, which includes several UK Government ministers and ministers from the devolved Administrations.
Members raised the important issue of the national referral mechanism discouraging victims from co-operating with prosecutions. We accept that immigration concerns are a major issue for victims, and we would welcome any constructive suggestions on how to address that.
The debate has been good and a lot of constructive points have been raised. We can progress those issues, on which we are constantly willing to engage with members from across the political spectrum. I thank members for their contributions, and I thank the EHRC and Scotland’s Commissioner for Children and Young People for highlighting in their reports so many important issues that relate to human trafficking and the child element within that.