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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 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 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.

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.

Everyone aged 18 and over on (and including) 31 October 2021 has now been invited for their first dose of the COVID-19 vaccine. This includes adults experiencing homelessness and rough sleeping.

In Spring 2021, following new advice from the JCVI, priority group 6 was expanded in Scotland to include people experiencing homelessness and rough sleeping.

Homeless services across the country were consulted to inform the delivery model for this community to ensure they are offered the COVID-19 vaccination in a suitable way. Following on from this, an assertive outreach model has been adopted by Health Boards across Scotland, in partnership with frontline local authority and the third sector, to reach those experiencing homelessness. For example, vaccinations have been taken to people in temporary accommodation and at support service premises. These sessions have been organised in partnership and attended by known and trusted support workers to provide support and reassurance for people. This outreach approach continues to be taken by Health Boards to ensure that people experiencing homelessness come forward for their second dose vaccination.

Scottish Government officials continue to discuss progress on inclusive outreach approaches with all Health Boards on a regular basis and learning is shared between Health Boards. More information on the rollout of the COVID-19 vaccination programme can be found in the Covid Vaccine Deployment Plan which was last updated in July 2021.

The homelessness status of those being vaccinated is not recorded at the time of vaccination. By the nature of homelessness short or long term, this data would be difficult to track. As of 31 August 2021, 91% of people in Scotland have had a 1st dose of a COVID-19 vaccine. An appointment is no longer required as all health boards now offer drop in vaccinations to those who have not had a first dose and to those from whom it has been more than 8 weeks since receiving their first dose. We continue to work with our partners and stakeholders to communicate to the entire population, including seldom heard communities on the importance and availability of vaccination for COVID-19.

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.

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.