Trafficking and Exploitation Strategy 2025: partial business and regulatory impact assessment

Executive Summary

The Scottish Government’s Trafficking and Exploitation Strategy sets a foundation for Scotland’s response to the unacceptable violations of human rights which result from exploitation and trafficking. This partial BRIA assesses the business and regulatory implications of the revised Strategy. No new legislative or regulatory requirements are being introduced in this Strategy. The strategy promotes voluntary engagement, guidance, and partnership-based approaches. Some examples of sectors known to be affected by trafficking and exploitation include agriculture, fishing, hospitality, social care, and construction. These industries are known to carry heightened risks of labour exploitation.

While direct costs to business are minimal, there is an expectation of ethical recruitment and transparency in supply chains which may carry a potential indirect cost. The partial BRIA reflects the Scottish Fair Work objectives. Future engagement will align with consumer and business engagement principles.

Issue and why it needs to be addressed

Human trafficking and exploitation are grave human rights abuses affecting individuals in Scotland. In 2015, the Scottish Parliament unanimously passed the Human Trafficking and Exploitation (Scotland) Act, which criminalises trafficking and exploitation, imposes penalties, and requires the development of a national anti-trafficking strategy. The Scottish Government is required under the Human Trafficking and Exploitation (Scotland) Act 2015 to publish and maintain a national strategy which must be reviewed no more than 3 years from the date of the last strategy.

While efforts to disrupt trafficking and to hold perpetrators to account are underway, incidents of trafficking and exploitation in Scotland have been increasing year on year.

The need to address all forms of trafficking and exploitation is therefore evident and of utmost importance, as is the support of victims.

Intended outcomes

The overarching vision of the revised Strategy is to prevent human trafficking and exploitation in Scotland and to respond effectively when it does occur. The purpose is to prevent trafficking and exploitation of adults and children by providing a clear framework, informed by survivor voices and data, through which our anti-trafficking interventions will be delivered. The revised strategy seeks to ensure child and adult victims are identified, protected and supported to safety and long-term recovery; perpetrators are identified, their activities are disrupted, and they are prosecuted; improved use of data, evidence and research informs strategy implementation; and conditions that expose children, adults and communities in Scotland to increased risks of trafficking and re-trafficking are addressed. These outcomes contribute to Scottish Government goals on wellbeing, human rights, justice, and economic transformation.

Options

Three main options were considered:

(1) No Action – Not viable. This would fail to meet statutory duties under the Human Trafficking and Exploitation (Scotland) Act 2015 and would allow preventable harm to continue.

(2) Regulatory Intervention – Considered but not taken forward at this stage. A regulatory approach may be appropriate in future but is not currently favoured. Section 54 of the Modern Slavery Act 2015 sets out the existing legislative framework in relation to Transparency in Supply Chains for commercial organisations within scope.

(3) Non-Regulatory Action (Preferred Option) – This builds on partnership, voluntary guidance, and targeted awareness-raising. This approach remains in line with Better Regulation principles: proportionate, consistent, and focused on outcomes rather than implementing additional burdens.

Sectors affected

Sectors with elevated vulnerability include: agriculture, fisheries, hospitality, food delivery services, construction, and social care. These sectors may rely on low-paid, agency, or migrant labour with limited protections, for instance through an inability to ensure appropriate employment and human rights are met when labour is sourced through third parties. Exploitation may occur through subcontracting, poor recruitment practices, or forced labour.

Engagement completed, ongoing and planned

Engagement has been wide-ranging and ongoing throughout the development of the Strategy, including academics, third sector organisations, public authorities, and survivor networks. Further engagement with business representatives is planned as part of the implementation of the Strategy. The Strategy is also informed by a series of evidence reviews carried out by the Scottish Government’s Justice Analytical Services (JAS), exploring current understanding of prevention strategies and interventions in relation to human trafficking and exploitation in the United Kingdom (UK) and other existing forms of research and evidence. Future engagement will continue during development of the accompanying Strategy Delivery Plan, due to be developed later in 2025.

Anticipated impacts (intended and unintended, positive and negative) and mitigating actions

Expected positive impacts include increased victim identification and greater public awareness. Given that regulation about transparency in supply chains (TISC) is already in place and being implemented in Scotland, we do not expect businesses to experience any negative or unintended consequences. Businesses in scope of section 54 of the Modern Slavery Act will be supported through guidance, public resources, and sectoral support. No statutory compliance burden is imposed under the strategy.

Enforcement/compliance

The Strategy is founded upon partnership working and collaboration and is based on guidance, awareness, and alignment with existing legal duties. As part of the implementation plan for the revised Strategy awareness raising of trafficking, and in particular of labour exploitation, will be undertaken in conjunction with business groups. No new statutory enforcement mechanisms are introduced. Police Scotland, Crown Office, local authorities and the Gangmaster and Labour Abuse Authority (GLAA) retain enforcement roles under existing law. The approach is consistent with previous policies and places emphasis on promoting compliance through partnership.

Recommendations/implementation plans

Implementation is overseen by the Scottish Government and delivered via multi-agency partnership groups. A delivery plan will be developed in 2025 with the publication of the plan to follow in 2026. This delivery plan will develop the actions to be undertaken by stakeholders to achieve the outcomes within the Strategy, and business stakeholders will be included in the development of strategies to implement relevant outcomes. Business awareness and corporate social responsibility are encouraged through targeted engagement, campaigns and stakeholder partnerships. No new regulations or compliance deadlines are being introduced with this Strategy.

Evaluation and monitoring of implementation/ review of BRIA

The strategy will be monitored through regular progress reporting over the period of its implementation. The partial BRIA will be reviewed alongside the 2025 strategy and developed further with business stakeholders as part of the delivery plan and with a view to publishing a final BRIA along with the delivery plan in due course. Future monitoring may incorporate Consumer Duty expectations and reflect evolving business engagement data; however, no new reporting is required of business stakeholders