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Tackling human trafficking
01/04/2009
Justice Secretary Kenny MacAskill today signalled the Scottish Government's determination to continue working with the UK Government, police and other agencies to take effective measures against those involved in trafficking human beings.
The Scottish Government has already taken a number of legislative steps to ensure compliance with the European Convention on Action Against Trafficking in Human Beings which comes into force today.
To provide a more accurate picture of the problem, the Scottish Government has today published a report on the nature and extent of human trafficking.
The report's main findings include:
- 79 individuals believed to be victims of human trafficking came into contact with law enforcement and victim care agencies between April 2007 and March 2008
- The majority of cases involved adult females who were trafficked into sexual exploitation
- A smaller proportion of males and females appeared to be have been trafficked for exploitation for other industries
- There were multiple links between human trafficking and other forms of organised crime such as Class A drugs, cannabis cultivation, money laundering and other serious fraud
Kenny MacAskill said:
"Trafficking in human beings is an abhorrent crime and the Scottish Government is committed to work with the UK Government, the police and other agencies to recover victims and clamp down on the criminals involved in it.
"We have already made the necessary legislative changes to ensure compliance with the EU Convention.
"This new research shows the scale of the problem and highlights the importance of genuine multi-agency working to ensure that victims of trafficking are given the support they need and those exploiting them are brought to justice.
"The research also shows clear links between human trafficking and other forms of serious organised crime. These criminals should be clear that there will be no hiding place for them and working with the other members of the Serious Organised Crime Taskforce, and on a national and international basis, we are determined to take them on and take them down."
Detective Superintendent Michael Orr, ACPOS spokesperson on Human Trafficking states;
"This report highlights some of the key priorities and issues for Scottish Police Forces and partners in effectively targeting Human Trafficking in Scotland.
"As the report identifies, there is little doubt that strong and focussed inter-agency working is a key feature in not only identifying those responsible for these crimes but also in making Scotland a hostile environment for Trafficking activity .The link to other forms of criminality is well-recognised and this is confirmed in recent investigations. As is detailed, gaining a cultural understanding of the different ethnic groups now residing in Scotland is an issue that clearly not only sits on the Trafficking agenda.The identification of potential or active criminal networks within these groups is highly important.
"It cannot be over emphasised that information to the police from members of the public, in identifying individuals in any capacity, where there is a suspicion that they may be working under duress or against their will is also a crucial part of the process of improving our knowledge and intelligence. Trafficking does not only apply to people coming into the country but can be committed from within and against victims who live there. Where there are vulnerable people there are potentially trafficked victims.
"It should be said that the report is based on research conducted in 2007 and the early part of 2008. Since that time there has been advances in many areas of our approach and consequently there are also significant plans in place for the future. The ratification by the UK of the European Convention on Action against the Trafficking of Human Beings is welcomed and it is anticipated that the measures that come into force as a result of this legislation will ensure that there is a consistency of approach in identifying potential victims across all agencies."
The UK ratified the Council of Europe Convention on Action Against Trafficking in Human Beings on December 17,2008. The terms of the Convention will become binding on the UK onApril 1, 2009. We have worked closely with the UK Government and key stakeholders to ensure that ratification was achieved.
The following are the necessary legislative changes that have been made to ensure compliance with the EU Convention:
Human Tissue (Scotland) Act 2006 (Consequential Amendment) Order 2008 - In June 2008 we brought forward a minor consequential amendment to human trafficking legislation as a "belt and braces" approach to ensure that there is no loophole in our criminalisation of trafficking for human organ harvesting.
NHS (Charges to Overseas Visitors) (Scotland) Regulations 1989 - In October 2008 we amended the NHS (Charges to Overseas Visitors) (Scotland) Regulations 1989 to exempt victims of human trafficking from NHS healthcare charges not paid by people ordinarily resident in the UK. In Scotland this means that victims of human trafficking will obtain free NHS hospital treatment as provided for in the Convention, and in addition victims will be eligible for the additional services of free eye checks and dental examinations
Additional measures are contained in the the Criminal Justice and Licensing (Scotland) Bill published on 6 March which contains measures to help tackle trafficking in human beings. The Bill amends the Antisocial Behaviour etc. (Scotland) Act 2004 to provide for the closure of premises associated with the commission of offences in relation to brothel keeping, trafficking of human beings and child exploitation. This will assist the police by widening closure powers to help tackle the misery of all forms of trafficking in human beings. To ensure the interests of justice are served the Bill extends the extraterritorial effect of trafficking offences.
The Bill also amends the offences relating to trafficking in human beings by extending their extraterritorial effect so that they are not limited to British nationals and companies. This will enable our courts to have jurisdiction to prosecute offences committed by any person, (no matter whether they are) in any way connected to the UK, in relation to the trafficking human beings into, within or outwith the UK. The scope of the offence provisions concerning trafficking in human beings are also being extended so that they refer to facilitating the "entry into" the UK as well as the "arrival in the UK".
We will also make clear that the sheriff court as well as the high court has jurisdiction to deal with these extraterritorial offences which will ensure consistency of the law on this issue across the UK.
The UK has a comprehensive strategy in place to tackle human trafficking, contained in the UK Action Plan published jointly by the Scottish Government and the Home Office.