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The circumstances which led to the case before the European Court of Human Rights preceded the Human Trafficking and Exploitation (Scotland) Act 2015. The 2015 Act introduced new protections for victims of human trafficking and exploitation offences in Scotland.

The 2015 Act requires the Lord Advocate to issue instructions regarding the prosecution of persons who are, or appear to be, the victims of trafficking, slavery, servitude or forced or compulsory labour and who have allegedly committed a criminal offence. These instructions were published in May 2016 and were updated in August 2021, following a review by the Crown Office and Procurator Fiscal Service in light of the European Court of Human Rights’ decision in VCL and AN v UK. The instructions sets a strong presumption against prosecution of adult victims who have been compelled to commit an offence and the compulsion is directly attributable to trafficking or exploitation and a strong presumption against prosecution of child victims who have committed an offence in the course of, or as a consequence of, being trafficked or exploited.

Decisions in relation to prosecution are for the Crown Office and Procurator Fiscal Service which makes its decisions independently.

Both Police Scotland and the Crown Office and Procurator Fiscal Service continue to discharge their positive obligations to potential victims of human trafficking and exploitation.

Information on the application of the Lord Advocate’s instructions can be accessed through the Trafficking and Exploitation Strategy progress reports https://www.gov.scot/policies/human-trafficking/ .

The Scottish Government has regular communication with the UK Government on a range of issues relating to human trafficking and exploitation, including the decision by the European Court of Human Rights in VCL and AN v UK.

We continue to work with the UK Government and other organisations to ensure the findings of VCL and AN v UK are appropriately considered.

The Scottish Government has undertaken work to assess the impact of provisions in the Nationality and Borders Bill on communities in Scotland. Issues highlighted through this work are set out in my letter of 1 September to the Home Secretary, which is on the Scottish Government website at: https://www.gov.scot/publications/letter-from-the-cabinet-secretary-for-social-justice-housing-and-local-government-to-rt-hon-priti-patel-mp/

The Scottish Government’s assessment is that there is no requirement for a Legislative Consent Memorandum (LCM) in respect of the Nationality and Borders Bill as introduced to the UK Parliament. The Scottish Government is monitoring the Bill as it progresses through the UK Parliament and will consider whether any amendments to the Bill trigger the need for an LCM.

The 2015 Act requires Scottish Ministers to prepare a Trafficking and Exploitation Strategy and this was published in May 2017. The Scottish Government has established governance structures to take forward implementation of this Strategy and discussions include feedback on the operation and application of the 2015 Act.

Annual reports against the Strategy have been published and a review of the Strategy was published in May 2020. The next annual report will be published later this year.

Transport Scotland have ongoing engagement with Peel Ports regarding Ardrossan Harbour re-development and on 12 July 2021 wrote to Peel Ports Group regarding the potential commercial terms of the project. Officials are currently considering the response received from Peel.

I can confirm that we remain committed to a solution at Ardrossan that can be delivered in a cost effective way reflecting the needs of all of the partners involved.

We continue to engage with Peel Ports; and remain committed to finding a solution at Ardrossan that delivers value for money and provides facilities that best meets the needs of ferry users and vessel operations.

This would be a matter for North Ayrshire Council to consider. However we continue to work closely with North Ayrshire Council to secure an appropriate outcome for Ardrossan.

There are a large number of ports and harbours around the Scottish coast ranging in size from large commercial ports to local piers, slipways and marinas. Ownership models include harbour trusts, privately owned harbours, local authority ownership and harbours owned by Caledonian Maritime Assets Ltd. We value the diverse range of port ownership in Scotland and the benefits this brings for communities and other stakeholders. Any public sector expenditure on port infrastructure should be carried out with the aim of achieving the best value for money.

The Scottish Government works closely with stakeholders to amplify key campaign messages and ensure we are continuously aspiring to communicate effectively to the population of Scotland, delivering messaging in an inclusive way to reach all geographies and seldom heard communities, which includes those experiencing homelessness.

The Scottish Government also works very closely with Local Authorities, and provides regular updates on marketing activity and coronavirus-related information. The feedback we receive from Local Authorities helps shape our communications offering, and their distribution channels allow us to reach grassroots organisations and target communities with relevant messaging.

An appointment is no longer required to receive a COVID-19 vaccine as all health boards now offer drop in vaccinations to those who have not had a first dose and to those for whom it has been more than 8 weeks since receiving their first dose.