Hansard

I welcome the Equal Opportunities Committee’s inquiry into migration and trafficking, and the opportunity to debate the committee’s report.

Issues that relate to migration in Scotland have at times been emotive and difficult, and this Parliament has had responsibilities to those who seek asylum in Scotland with regard to their welfare. I share the committee’s concerns about the UK Border Agency’s decision to terminate its contract with Glasgow City Council, and like others I worry about the impact on the families and individuals who will be affected.

More broadly, I am sure that many of us will be concerned about the direction of the UK Government’s approach to immigration. We can reflect on the quite different approach that we have taken here in recognising the positive benefits that can result from people coming to Scotland to live and work—an approach that is exemplified in the fresh talent initiative.

I will focus on two points, the first of which concerns employment and exploitative practices. We know that we have had problems in Scotland with the illegal activities of some gangmasters. Legislation has been pursued at Westminster to tackle the exploitation of migrant workers who are being paid a pittance and forced to live and work in dreadful circumstances, as Margaret Mitchell mentioned. However, more work must be done on enforcement, as the committee’s report identifies.

As Citizens Advice Scotland told the committee, a minority of employers are still actively undermining the law in this area. Too few migrant workers are made aware of their employment rights or the worker registration scheme, and the Scottish Government must address that situation.

The second point concerns trafficking and sexual exploitation. We must all be concerned that there are, today, victims of such abuses in our country. Like the committee and the Scottish Government, I am disappointed that the UK Government has decided not to opt into the European Union directive on trafficking, but we must focus on what we can achieve here.

There is rightly concern, as Jim Hume said, that while there have been 100 convictions for trafficking in England and Wales following operation pentameter, there has been none in Scotland.

Amnesty International, which produced the report “Scotland’s Slaves”, is right to argue that while we must acknowledge the Lord Advocate’s point—made in evidence to the committee—that there have been convictions in relation to lower-tariff crimes such as brothel keeping, there continue to be convictions for trafficking in addition to convictions for those lesser offences in England and Wales, and more must be done to understand the reasons for the disparity in conviction rates.

The committee has highlighted the concern that Scotland should not be seen as a soft touch for traffickers, and members on all sides of the chamber have rightly highlighted the need to address the issue, particularly as the 2014 Commonwealth games in Glasgow may unfortunately be a focus for traffickers.

As the committee identifies, the new measures on trafficking as a result of the Criminal Justice and Licensing (Scotland) Act 2010 are welcome, but Parliament did not support the amendments that were lodged by Trish Godman and Marlyn Glen to criminalise the purchase of sex, or my own amendment, which was intended to criminalise the purchase of sex from those exploited by another for that purpose. I recognise that these are difficult issues, but the position under my amendment is the current law in England and Wales. There is a very real danger that the legal position in Scotland will be perceived as weaker, and indeed will be so. That will not help us to deter those who through their actions encourage traffickers, nor will it help us to hold to account those who are responsible for trafficking. I hope that Parliament will reflect on those issues again.

The committee’s report reflects the determination of members across the chamber to ensure that we have a better-informed debate about migration in Scotland; that those who have come to our country are treated with the respect they deserve and have their rights protected; and that we recognise the positive contribution that such people can make to our society. I congratulate the committee once again on its excellent report.

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