Asylum-seeking Children: Hotel Accommodation

Jonathan Edwards Excerpts

Wednesday 7th June 2023 Westminster Hall

[Deidre Brock]

I agree entirely. That has certainly been the experience of the many different organisations that I have spoken to in Scotland, and that is what they say to me. As always with this Government, the proposals that Scottish Ministers put to UK Ministers are often either ignored or not taken fully into account. Again, I hope that the Minister can assure us otherwise.

[Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)]

I congratulate the hon. Lady on obtaining the debate. Further to the intervention by the hon. Member for Llanelli (Dame Nia Griffith), whose constituency neighbours mine, we have a specific issue in Carmarthenshire, where a hotel will be used to house asylum seekers without any consultation whatsoever with the local authority. The Welsh Government have a policy that Wales is a nation of sanctuary, and it is beyond my understanding why the UK Government would act unilaterally without discussion with the Welsh Government or Carmarthenshire County Council.

[Deidre Brock]

I was looking at a contribution by the Local Government Association, which I believe operates only in England, and that seems to be one of its bones of contention too, along with the fact that insufficient moneys are being provided to support the welfare of these children and other asylum seekers. Again, I hope that the Minister will address that point.

The Scottish guardianship scheme, run through the Scottish Refugee Council and the Aberlour charity, provides personal, sustained support for these children, and it is funded by and delivered on behalf of the Scottish Government. My hon. Friend the Member for Glasgow Central (Alison Thewliss), who will be winding up the debate for the SNP, has urged the UK Government to provide a similar scheme to support, in particular, young people in care in Scotland.

Clause 23 of the Illegal Migration Bill strips Scottish Ministers of their powers under the Scottish Parliament’s Children (Scotland) Act 1995 to support and assist victims of trafficking if those victims meet removal criteria, with very limited exceptions. Given that that clearly encroaches on devolved responsibilities, will the Minister tell us why the legislative consent motion process was not engaged? Scottish local authorities are responsible for caring for these children and treating them as they would other looked-after children. If there are credible indicators of exploitation or other issues, local authorities have obligations under Scots law to intervene. Under the European convention on human rights, Police Scotland and local authorities have a duty to protect, investigate and take people out of a trafficking situation, but that will clash with the requirements on Home Office officials to remove people.

Even if those powers are used sparingly, as the UK Government claim they will be, organisations and charities in Scotland remain terrified about the effect of moving responsibility to the Home Office and away from Guardianship Scotland, the scheme I mentioned that is delivered on behalf of the Scottish Government to all unaccompanied asylum-seeking children and survivors of child trafficking. The Scottish Refugee Council says that some of these children are so afraid of the Home Office that they are up the entire night before their interview, praying that they will not be removed or detained. The possibility of being taken into Home Office care, coupled with the closing down of asylum and trafficking protections, while the prospect of removal looms, will lead only to more children running away. That will be a powerful recruitment tool for traffickers, who might look like a preferable option over being deported to Rwanda or remaining in detention.

We in the SNP have said repeatedly that creating safe and legal routes is the only realistic way to disrupt the human traffickers’ business model. If the Home Office has no interest in creating an asylum system that is based on fairness and dignity, it should devolve the necessary powers to the Scottish Parliament to allow Scotland to do so.

In the meantime, we need answers from the Home Office, so I close with these questions. Will the Minister give us the latest figures on how many unaccompanied asylum-seeking children who went missing from Home Office hotels are still missing? Will the Home Office commit to publishing a written report on the circumstances surrounding those missing children, including immediate steps to prevent similar issues from happening again? Finally, will the Minister advise whether and how an order from the Home Secretary under clause 16 will supersede protective orders issued by the Scottish courts? As a signatory state to the United Nations convention on the rights of the child, the UK needs to step up and meet its responsibility to uphold all children’s rights to protection, health and education.

The children’s rights officer from the Scottish Refugee Council whom I mentioned earlier recalled a boy from Afghanistan she had worked with through the guardianship service who was haunted by the image of his inconsolable mother saying goodbye to him. Rather than compounding the fear and trauma of children like him, we have a legal and moral duty to look after them.