Consultation on section 38 of the Human Trafficking and Exploitation (Scotland) Act 2015: Duty to notify and provide information about victims

No

ATMG maintain concern about the potential misuse of the duty to notify in England and Wales and would like to see some of these concerns mitigated through regulations in Scotland. One way to avoid misuse and general confusion of the provision is to ensure that clear instruction in the regulations, as well as the subsequent guidance are shared between duty bearers. This would also enable a strong foundation on which to build consistent policies across all agencies. The Scottish Government should lead by example and seek to standardise information through a single form. Standardisation would clarify the intended purpose of the duty to notify; it would also help the completing agency know who should receive the information and what, if any anonymised information will be shared. While ATMG will go on to feedback on issues surrounding consent during this submission, it is mentioned here because anonymised information for the purposes of due process is important. While there are types of data and information that be gathered without consent, the gathering of such information requires careful consideration to build trust and confidence with the potential victim. The bodies name in the Regulations should be aware and reflective of the principles and practices detailed in the Slaver and Trafficking Survivor Care Standards.

Additionally, standardisation is beneficial for Police Scotland. Consideration should be given to other UK jurisdictions and, for example, MS1 form, A and B. The UK’s security, national, regional and local authorities all collect data in different ways and formats. This does nothing for the process of data collection, nor does it assist in meeting the intended aims of the duty to notify, ‘to gather statistics and help build a more comprehensive picture of the nature and scale of modern slavery.’ Establishing proper processes for compliance with the duty also enables better monitoring and evaluation. Quality control, monitoring and evaluation of data collection methods across the UK remain lacking. The lack of comprehensive data is an issue widely recognised in the UK and has been since 2009, by the Home Affairs Select Committee: “Data on the scale of trafficking in the UK is highly unreliable and out of date. An extensive investigation into the nature and extent of this crime is now long overdue.”

Several years later, GRETA noted in its second evaluation round that “there are gaps in the collection of data on human trafficking, limiting the possibility of analysing trends and adjusting policies. There is a lack of statistical data regarding investigations, prosecutions, convictions and compensation in relation to human trafficking.” More recently, this was echoed by the National Audit Office finding that the “government will need to build much stronger information and understanding of perpetrators and victims than it has now.” Furthermore, a Westminster parliamentary inquiry described the system reliant on NRM and Duty to Notify data as “clunky. It is not a system that enables us to use data in a sophisticated way.” The Government states that each source of data cannot provide a reliable assessment of the actual prevalence of modern slavery, but, rather, offers an approximate picture of how the prevalence and reporting may be changing over time. The limited explanation on the usefulness of the duty to notify provision, and by extension how this is helping to build a picture of slavery in the UK remains unclear. Introducing processes for compliance with the regulation in Scotland should be prioritised and will allow for far greater monitoring of the provision

Location must be clarified as it is not currently clear how this information would enable a more accurate picture of the scale and extent of trafficking in Scotland or enable more effective targeting of enforcement activity and provision of support services.

As above, this must be clarified as if this regards a specific address there must be a consideration around risk of identifying a victim. Alternatively, if this is the general area of exploitation this may be sufficiently anonymized (see points above).

A positive answer to this question will require informed consent. We have discussed the complexities of this above and have recommended it does not form part of any legal duty in this area.

• Age Group – as this can be useful information and a grouping of age protects anonymity.
• Broad time frames during which exploitation took place – again, this could yield useful evidence, but would again require to be sufficiently anonymous.
• Indicators of previous exploitation/human trafficking – this can be a yes/no answer to maintain anonymity and is irrespective of whether an individual was formally identified or not.

ATMG believe there are other bodies, not listed that should be considered about information sharing and reports from Police Scotland. All relevant Commissioners, including children and victims Commissioners; the Welsh Anti-Slavery Co-ordinator; the Crown Prosecution Service; The Crown Office and Procurator Fiscal Service and the new Director of Labour Market Enforcement; as well as the newly announced International Modern Slavery and Migration Envoy, appointed to represent Her Majesty’s Government’s interests on modern slavery and co-ordinate our efforts with other nations. There is opportunity for the duty to notify regulations to work proactively with these other departments and offices. In doing so it would show commitment to understanding that exploitation is a continuum. There must be clarity on how wider agencies inside and beyond Scotland are relevant to receive information about trafficking, given that trafficking requires movement within and beyond certain borders.

Location of victim was recovered No Location must be clarified as it is not currently clear how this information would enable a more accurate picture of the scale and extent of trafficking in Scotland or enable more effective targeting of enforcement activity and provision of support services.
It may be sufficient to confirm that the individual was recovered in the local authority who is undertaking the notification.

We refer to the same points noted above regarding location and note that this would require to be as broad as a local authority area/country.

To date there has been no guidance about ensuring the person who is subject to the notification, the victim or potential victim, must get verification from the notifying authority that their details have been submitted under this statutory duty. We strongly recommend that Scottish government follow the principles of the Code of Practice for Victims of Crime and works with the Victims’ Commissioner to ensure that the victim’s rights to protection and privacy are at the centre of policy and guidance.
The ATMG recommends that every person who provides anonymous information for the Duty to Notify provision is entitled to have a record of that notification, including the date, the authority and a named person, and case reference number as well as information in their language to explain the form
This could be addressed with a tear-off slip for the person to take home, for instance, but it must explain what will happen to the information they have given. This would also ensure that if the person is subsequently asked for details of their contact with authorities, they will have something they could refer to.

At the same time as NCA reports are produced.

In the consultation there is a reference to relevant bodies, that states:
“In Scotland the Trafficking Awareness Raising Alliance (TARA) and Migrant Help support adult victims of human trafficking and of slavery, servitude and forced or compulsory labour. As these bodies cannot be named in Regulations terms and conditions will be inserted into any future Grants offered so that they will comply with the duty in the same way as any other statutory body.”
Although ATMG is aware from the statistics published in the UK Annual Report on Modern Slavery that NGOs have been encouraged to complete duty to notify forms due to their early engagement with victims, it would be improper and inappropriate to set out obligations to do so as part of any contractual obligations.
The independence of services, particularly in Scotland remains a positive element of the Scottish care provision for victims of trafficking and slavery. Furthermore, services that provide care and support to victims must maintain their independent so as to ensure trust with victims and the communities where they are based.
The suggestion to embed the duty into future contractual obligations also goes beyond the law, and the spirit of section 38, that limits the duty to public bodies.
ATMG would welcome the engagement of other sectors, beyond the public bodies listed, to complete duty to notify forms. Increasingly, awareness of the role of businesses in their supply chains, following 54 of the Modern Slavery Act are engaging in due diligence and understanding their role in combatting this crime.

In the consultation there is a reference to relevant bodies, that states:
“In Scotland the Trafficking Awareness Raising Alliance (TARA) and Migrant Help support adult victims of human trafficking and of slavery, servitude and forced or compulsory labour. As these bodies cannot be named in Regulations terms and conditions will be inserted into any future Grants offered so that they will comply with the duty in the same way as any other statutory body.”
Although ATMG is aware from the statistics published in the UK Annual Report on Modern Slavery that NGOs have been encouraged to complete duty to notify forms due to their early engagement with victims, it would be improper and inappropriate to set out obligations to do so as part of any contractual obligations.
The independence of services, particularly in Scotland remains a positive element of the Scottish care provision for victims of trafficking and slavery. Furthermore, services that provide care and support to victims must maintain their independent so as to ensure trust with victims and the communities where they are based.
The suggestion to embed the duty into future contractual obligations also goes beyond the law, and the spirit of section 38, that limits the duty to public bodies.
ATMG would welcome the engagement of other sectors, beyond the public bodies listed, to complete duty to notify forms. Increasingly, awareness of the role of businesses in their supply chains, following 54 of the Modern Slavery Act are engaging in due diligence and understanding their role in combatting this crime.

In the consultation there is a reference to relevant bodies, that states:
“In Scotland the Trafficking Awareness Raising Alliance (TARA) and Migrant Help support adult victims of human trafficking and of slavery, servitude and forced or compulsory labour. As these bodies cannot be named in Regulations terms and conditions will be inserted into any future Grants offered so that they will comply with the duty in the same way as any other statutory body.”
Although ATMG is aware from the statistics published in the UK Annual Report on Modern Slavery that NGOs have been encouraged to complete duty to notify forms due to their early engagement with victims, it would be improper and inappropriate to set out obligations to do so as part of any contractual obligations.
The independence of services, particularly in Scotland remains a positive element of the Scottish care provision for victims of trafficking and slavery. Furthermore, services that provide care and support to victims must maintain their independent so as to ensure trust with victims and the communities where they are based.
The suggestion to embed the duty into future contractual obligations also goes beyond the law, and the spirit of section 38, that limits the duty to public bodies.
ATMG would welcome the engagement of other sectors, beyond the public bodies listed, to complete duty to notify forms. Increasingly, awareness of the role of businesses in their supply chains, following 54 of the Modern Slavery Act are engaging in due diligence and understanding their role in combatting this crime.