300 years after Tumbling Lassie case we still have slavery in Scotland

Sheriff Maryam Labaki, Chair of the Tumbling Lassie Committee

It’s Anti-Slavery Week this week, a UK and European awareness initiative, the centrepiece of which, Anti-Slavery Day, will be marked on Friday 18 October.

According to the most recent Global Slavery Index figures, compiled by Walk Free in 2021, about 50 million people were living in situations of modern slavery on any given day that year. Of these, around 27.6 million were in forced labour and 22 million were in forced marriages.

Modern slavery occurs in every country, regardless of wealth. Just over half of all forced labour and a quarter of all forced marriages can be found in upper-middle income or high-income countries.

It generates more than £100 billion a year, a significant amount of which comes from ordinary people when they unwittingly interact with victims, for example at a car wash, a nail bar or begging in the street.

The UK is no exception. There are estimated to be around 136,000 trafficked people in the country right now. Only about 10 percent are recovered each year.

The Tumbling Lassie Appeal, formed by members of the Faculty of Advocates almost 10 years ago, campaigns tirelessly to support the eradication of human slavery and to support modern survivors.

 

Last week, we held yet another event to raise funds for the International Justice Mission (IJM) and Survivors of Human Trafficking in Scotland (SOHTIS). Both charities work to end human trafficking, support survivors and advocate for the systemic changes needed in society and within justice systems to end the exploitation of trafficked people.

The event, our annual anti-slavery seminar entitled Modern-day Slavery in Scotland, took place at Parliament House in Edinburgh. It was chaired by the Dean of the Faculty of Advocates, Roddy Dunlop KC. Speakers included the Solicitor General, Ruth Charteris KC, who addressed the response of criminal law to human trafficking, and Chris Clements from the BBC, whose recent documentary, “Disclosure: Slavery at Sea”, reported on a three-year investigation into allegations of modern slavery aboard UK fishing vessels.

The Tumbling Lassie Appeal is named in honour of a case decided by the Court of Session in Edinburgh in 1687, Reid v Scot of Harden and his Lady.

The case concerned a young girl gymnast, who performed as an act in public entertainments put on by Reid, a "mountebank" or travelling showman. She was worn out by having to dance in Reid's shows and ran away, taking refuge with the Scots of Harden, a family from the Scottish Borders.

Reid sued the Scots and produced a written contract, showing that he had "bought" the tumbling lassie from her mother. He argued that the tumbling lassie belonged to him as his property. The Court of Session in Edinburgh heard the case in January 1687. The Court dismissed Reid's claim, impliedly declaring the tumbling lassie free. The only surviving report of the case contains the trenchant observation: "But we have no slaves in Scotland, and mothers cannot sell their bairns..."

We will hold another fundraiser this month and while the tone of this event will be light-hearted, the serious intent will be to do what we can to combat the misery human slavery inflicts in communities in Scotland.

This article was first published in The Scotsman.