The Scottish Government is “disappointed” MSPs will not get the chance to vote on whether or not to consent to controversial Westminster legislation regarding immigration.
Emma Roddick, the Scottish Government’s minister for migration and refugees, insisted she was “firmly of the view” that Holyrood should have to grant legislative consent for the Illegal Migration Bill.
But with Holyrood Presiding Officer Alison Johnstone having ruled the Westminster Bill does not meet the criteria for this, Ms Roddick said she was “disappointed by the decision”.
The minister told how the Scottish Government had prepared a legislative consent memorandum (LCM) – which is used by the the Scottish Parliament when MSPs need to consent to Westminster legislation which impacts upon devolved matters.
However, MSPs were told that Holyrood’s Presiding Officer had ruled that the Illegal Migration Bill “does not meet the criteria” for such a vote.
Ms Roddick stated: “The Presiding Officer is of course entitled to reach the conclusion that she did, but I am disappointed by the decision.”
She noted that the Senedd in Wales had recently voted against the “callous” Bill from the UK Government.
And she insisted: “The Scottish Government’s view is that the consent of this Parliament should be required.”
SNP ministers believe the proposed law will undermine the devolution settlement by restricting the powers of ministers and remove the entitlement of a significant number of human trafficking victims to access support.
It is our view that this overreaches into the Scottish Parliament’s devolved competencies, undermining our commitments to victims of trafficking and exploitation.— Scottish migration minister Emma Roddick
If passed, the Bill would see the law changed so that people who come to the UK illegally through a safe country are not allowed to stay – instead being detained and removed, either to their home country or a safe third country such as Rwanda.
Ms Roddick said: “We have been clear in our opposition to the UK Government’s Illegal Migration Bill, which violates human rights obligations and will push some of society’s most vulnerable people deeper into exploitation and destitution.
“The Bill will also hinder the ability of Scottish Ministers to provide support and assistance to people who have been exploited in horrific situations.
“It is our view that this overreaches into the Scottish Parliament’s devolved competencies, undermining our commitments to victims of trafficking and exploitation.
“Scottish ministers and wider civic society are united in our stance that this Bill has no place in Scotland.”
Migration is quintessentially a reserved matter.— Conservative MSP Donald Cameron
Conservative MSP Donald Cameron made clear it was the Holyrood’s Presiding Officer who had ruled a LCM could not be lodged
He said: “It is not the UK Government, lodging a memorandum is nothing to do with them, but the Scottish Parliament.
“The Presiding Officer, presumably having taken legal advice, has decided this is not a relevant bill for the purpose of an LCM.”
The Tory added: “The Presiding Officer is the guardian of the processes of this Parliament, the legislative consent process does not apply, so legislative consent is not required.
“In shorthand the view of the Parliament is that this does not engage devolved competence. Migration is quintessentially a reserved matter.”
A Home Office spokesperson said: “Through the Illegal Migration Bill, we will stop the boats by detaining those who come to the UK illegally and swiftly returning them to a safe third country or their home country.
“It is only right that we protect the most vulnerable by not creating incentives for criminal gangs to target specific groups.
“We have amended the Bill to make clear that an unaccompanied child under 18 can only be removed in very limited circumstances.
“Where a removal decision is made, detention will be for the shortest possible time with necessary support provisions in place.”
