Draft Human Trafficking and Exploitation (Scotland) Act 2015 (Consequential provisions and modifications) Order 2016

Debate between Michael Ellis and David Anderson

Tuesday 13th September 2016 General Committees

[Michael Ellis]

I very much welcome what the hon. Member for Lanark and Hamilton East said. It is reassuring to see cross-party support on something as important as this—there is very little controversy about the measure, and rightly so. We need to get it right and the authorities in Scotland have clearly worked hard to do so, in consultation with many.

I heard the shadow Minister’s representations on definitions and consultations. With regard to wider consultation, the reality is that the Scottish Parliament’s 2015 Act was the subject of numerous reports, inquiries and consultations. The Scottish Government drew on the analysis and recommendations in all those reports to inform the Act. I can assure him that they have taken the same approach with this order.

As for the hon. Gentleman’s point about the definition of the word “travel”, we are content that it is compliant with international obligations. The matters have been perused by the appropriate authorities, and the Scottish Government have indicated to the UK Government that they are content and that it meets international obligations.

[Mr Anderson]

I accept that the point about travel has been resolved and that the Government acted on the concerns that were raised. The issue was more about the definition of

“slavery, servitude and forced or compulsory labour.”

I hope that the Minister or his civil servants will advise that there is a definition in this place that covers the same things in Scotland, but I just wanted to make sure that we do not leave a loophole that could be exploited.

[Michael Ellis]

I am grateful to the hon. Gentleman for exploring the matter, because clearly it is crucial. Lawyers—I was one before I came to this place—will always look for loopholes where they can find them and definitions have to be very carefully considered and tightly demarcated, otherwise they provide undesirable opportunities to exploit any lacunae that might exist within them. I am very confident that the authorities have considered that carefully and that legal representations have been sought. I am assured that numerous reports, inquiries and consultations have taken place, and I can only assume that they will have included legal representations. I hope that reassures the hon. Gentleman.

Question put and agreed to.