Question reference: S6W-02025
- Asked by: Paul McLennan, MSP for East Lothian, Scottish National Party
- Date lodged: 30 July 2021
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Current status: Answered by Ash Denham on 18 August 2021
Question
To ask the Scottish Government what discussions it has had with the UK Government regarding the potential implications of the Nationality and Borders Bill for how support for victims of modern slavery is provided for in Scotland.
Answer
The Scottish Government’s view is that the New Plan for Immigration and the Nationality and Borders Bill will not achieve the change that is needed or result in systems that are effective, efficient and deliver for people who are often vulnerable and highly traumatised.
The First Minister wrote to the Home Secretary on 26 July setting out our concerns and we have had frequent and ongoing communication with the UK Government on the Nationality and Borders Bill following its publication.
Support and assistance to victims of human trafficking is within the legislative competence of the Scottish Parliament. Section 9 of the Human Trafficking and Exploitation (Scotland) Act 2015 requires the Scottish Ministers to secure support and assistance to adult victims of human trafficking in certain circumstances. Support for victims of human trafficking or slavery, servitude and forced or compulsory labour was placed on a statutory footing on 1 April 2018 through the Human Trafficking and Exploitation (Scotland) Act 2015 (Support for Victims) Regulations 2018 and defines the relevant period for such support to be the earlier of 90 days or the date on which there is a conclusive determination that the adult is or is not a victim of an offence of human trafficking or slavery, servitude and forced or compulsory labour.