Human Trafficking Bill passes stage 1
The Human Trafficking and Exploitation (Scotland) Bill passed stage 1 in the Scottish Parliament yesterday.
MSPs approved without a division the general principles of the measure, introduced by the Scottish Government in place of a member's bill proposal by Labour's Jenny Marra.
The bill strengthens the law against traffickers while ensuring the rights of trafficked victims to support and assistance.
It also places a duty on the Lord Advocate to publish guidance about the prosecution of credible trafficked and exploited victims who have committed offences. Responding to calls that there should in addition be a statutory defence available to victims, Justice Secretary Michael Matheson said the Government had chosen to take "a much more victim-centred approach", based on early intervention.
He argued that if there were a statutory defence alongside the guidance – which the Lord Advocate has agreed could be upgraded to instructions – these "would be governed and influenced by the statutory defence; it would have a direct impact on them".
Further, defence agents could start to rely on the statutory defence approach, which "would undermine the victim-centred approach that we are trying to achieve, which will involve identification and intervening at an early stage through the use of the guidelines or instructions".
He added that the Government had considered carefully whether a presumption of age should be included in the bill, but would look at it again at stage 2.
Regarding the definition of "travel", which had also been criticised, he said the approach taken was virtually the same as adopted in the rest of the UK, but again the matter would be considered further at stage 2.