ADMIST all the condemnation of Theresa May’s failed premiership, she should be remembered for one achievement, namely the Modern Slavery Act of 2015.
That’s the view of recruitment expert Shan Saba of Glasgow-based Brightwork who is no fan of May’s other works but feels that her decision in 2018 to call a review of the Act she championed as Home Secretary might yet be her best legacy.
Scotland has taken a lead in tackling the problem. The Modern Slavery Act is UK legislation but the Human Trafficking and Exploitation (Scotland) Act 2015 was passed by the Scottish Parliament in addition to the UK law.
Shan Saba of Brightwork
Saba explained: “It introduced a single offence for all kinds of trafficking for the first time and raised the maximum penalty for trafficking to life imprisonment, and is giving police and prosecutors new tools to prevent and detect trafficking and bring those responsible to justice.”
That is shown by the fact that in 2018, the number of victims rescued was 228, up from 217 the previous year.
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Saba said: “Human trafficking and modern slavery has grown in Scotland year on year. The Scottish Government, Police Scotland, The Gang Masters and the Labour Abuse Authority have all dedicated significant resource to raise awareness, investigate and prosecute to eradicate this misery from Scottish society but every business, public body, and organisation needs to do more.
“New legislation will force them to embed best practice into their structure, people and process.”
The review ordered by May was undertaken by veteran independent MP, Frank Field, Maria Miller, the Conservative MP, and the distinguished retired judge, Baroness Butler-Sloss. Their findings were released earlier this year.
Saba said: “Amongst those active in the fight against modern slavery, there is an expectation that the 2015 Act will be replaced by legislation with significantly more ‘teeth’, particularly in its enforcement against organisations for non-compliance.
“Disappointingly, to date there have been no UK prosecutions in this area, but as the global movement fighting human trafficking gains momentum, it would appear to be only be a matter of time before such a case emerges.”
The UK should look to Australia for a lead on this matter, says Saba: “With its Modern Slavery Act of 2018 which tackles this issue head-on, Australia has set the new standard for global legislation, especially regarding transparency in supply chains.
“It is highly likely that the UK will absorb the main thrusts of the 2018 review’s recommendations, and of the Australian statute, in new, more forceful legislation once the Brexit debacle is resolved.”
The review recommended that there should be Modern Slavery statements by each relevant organisation, supply chains should be transparent, and that directors could be disqualified if failing to act when instances of slavery have been found within an organisation
Saba concluded: “The recommendations go much further than the 2015 legislation and include a gradual sanction process from warning, percentage of turnover fines, directors’ disqualification and, most importantly, full public access to all information.”
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