Illegal Migration Bill

Baroness Bryan of Partick Excerpts

2nd reading
Wednesday 10th May 2023 Lords Chamber

[Baroness Bryan of Partick (Lab)]

My Lords, it is a bit much being lectured on what is and is not constitutional when this Bill, like so many other recent Bills, impinges on what ought to be the rights and duties of devolved Administrations. It is further evidence that the UK Government would happily undo the arrangements of the past 20-plus years and reduce or remove the powers of the other Parliaments. They might not be quite as ready as the noble Lord, Lord Frost, who is not in his place at this point, when he wrote recently on devolution that it was time to stop. His criticism was that the electors in Wales and Scotland kept voting for the wrong parties.

The spur towards devolution was the fact that, for many years, Scotland and Wales rejected the Conservative Party but had no way of mitigating the impacts of Westminster legislation until the referendums in 1997. The difference between the Welsh and Scottish Governments and the UK Government has never been as stark as in their approach to people seeking sanctuary through asylum and immigration. On this issue, the Conservative Party has no support outside—or outwith—its own ranks, and even many of them must be mortally embarrassed.

The rights established by the European Convention on Human Rights are written into Scotland’s devolution settlement and have been fundamental to the work of the Scottish Parliament over 20 years. The convention’s incorporation provides fundamental safeguards which ensure that, in Scotland, executive powers cannot be abused. Scottish Ministers cannot act in a way that is incompatible with the convention, and all its legislation must be compatible.

I think there is a consensus in this Chamber that the Bill will breach the convention and leave the Scottish Parliament in an invidious position under international law. Those involved in human rights in Scotland have described the Bill as creating an urgent human rights emergency. The Scottish Refugee Council condemns it as “morally repugnant” and “practically unworkable”, saying it

“will have severe impacts on women, men and children seeking safety”.

JustRight Scotland describes the Bill as “cruel, unnecessary and unlawful” and says it

“condemns people to living a life in limbo and strips them of all support”.

The Government’s delegated powers memorandum makes it clear that the functions of local authorities in respect of looked-after children are a devolved matter. This is recognised in Clauses 15 to 18, which state that they apply only in England, but there is a very real threat contained in Clause 19, which states that the Secretary of State may make regulations in future enabling Clauses 15 to 18 to apply in the devolved Administrations, again using secondary legislation. Clauses 23 and 24 will remove duties and powers that currently oblige the devolved Administrations to provide support and assistance to victims of trafficking and their families, including children. Instead, it will attempt to compel devolved nations to violate the duties set out in international law. This is contrary to Scottish legislation, as set out in the Human Trafficking and Exploitation (Scotland) Act 2015.

In almost all other countries, this Bill could not be tabled, as it breaches treaty obligations and is contrary to basic human rights. If the UK had a written constitution, this would be unacceptable. If the powers of Scotland, Wales and Northern Ireland were protected, this would not be allowed to happen. Under this Government, we are experiencing endless Bills that contravene natural justice and encroach on devolved powers. At some point, we have to say that this must stop. This Bill should be where we draw the line and say, “Not in our name”.