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

Section 1: Background, aims and options

Background to the Policy Issue

Human trafficking and exploitation continue to present serious and evolving challenges in Scotland. People are being exploited in sectors such as agriculture, construction, care, and hospitality, as evidenced in the latest statistics which indicate a rise of numbers of victims. In 2024 a total of 920 referrals were submitted into the National Referral Mechanism (NRM) relating to Scotland. 664 related to adults and 256 related to children. This was an increase from 765 for 2023 (20%) This is the highest number of referrals to the NRM in a single year from Scotland, in line with the wider UK position. Of the 664 adults referred 73% of cases included indicators of labour exploitation, 26% of cases included indicators of criminal exploitation, 15% of cases included indicators of sexual exploitation and 14% of referrals included indicators of domestic servitude^[1].

Scotland is a destination and transit country for trafficking, and in many cases, also a country of origin. Under the Human Trafficking and Exploitation (Scotland) Act 2015, Scottish Ministers are required to publish a strategy to prevent and tackle these crimes and to review this strategy. The 2017 Strategy established a framework that prioritised victim support, disruption of perpetrators, and wider prevention of trafficking and exploitation and included a dedicated focus on child trafficking, recognising the specific vulnerabilities and risks faced by children and young people. Following consultation with key stakeholders, the 2023 review concluded that the 2017 strategy required to be refreshed. In September 2023 the Minister for Victims and Community Safey committed the Scottish Government to deliver a revised Strategy.

Purpose and Desired Impact

At its heart, the Strategy aims to protect people from harm. It contributes to wider Scottish Government priorities, including the National Performance Framework and the National Strategy for Economic Transformation, helping to create a fairer, safer, and more resilient Scotland. Without action, the risks are clear: people remain at risk of serious harm, perpetrators face less chance of detection, and public confidence in institutions is undermined. The strategy focuses on 4 key long-term outcomes -

1. Child and adult victims are identified, protected and supported to safety and long-term recovery: the protection and support of child and adult victims remains an absolute priority for the Strategy. For this to be effective, early identification, access to co-ordinated services, legal entitlements and community integration opportunities are crucial. The voices of people with lived experience will continue to inform work in this area.

2. Perpetrators are identified, their activities are disrupted, and they are prosecuted: Taking robust and swift action against perpetrators, be they individuals, businesses or organised crime groups, is essential in order to protect children, adults and communities against the harm caused by trafficking and exploitation. The identification and prosecution of those involved in serious organised crime continues to be an essential part of the ‘Serious and Organised Crime Strategy’ .

3. Improved use of data, evidence and research informs strategy implementation: in order to understand the nature of trafficking and profile of victims and perpetrators in Scotland, it is vital that the evidence and data use is improved. This is also important for learning from activities that have proven to be most effective and identifying areas for improvement as well as keeping abreast of emerging trends in trafficking.

4. Conditions that expose children, adults and communities in Scotland to increased risks of trafficking and re-trafficking are addressed: this outcome aligns with the overall prevention framework of a public health approach.

Options Considered

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 required as existing regulations are in place which address TISC-related issues. Taking into account the Scottish Government’s ‘Better Regulation Approach’/ Five principles, that regulation should be transparent, accountable, proportionate, consistent and targeted where appropriate, no further action in regard to regulatory intervention in the devolved space is currently being proposed. It is possible that Scottish Parliament may in future back any strengthening on regulation via the UK Parliament which has the powers to make regulatory intervention in relation to the non-public business sector.

(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/Groups 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. Guidance is available to assist business and economy stakeholders to identify potential signs of possible trafficking and exploitation, such as the Slavery and Human Trafficking: Guidance for Businesses in Scotland.