Civil Society Asks: Why no legislative consent vote for Refugee Ban Bill?

Civil Society Asks: Why no legislative consent vote for Refugee Ban Bill?

The Illegal Migration Bill- also known as the Refugee Ban Bill- is a UK Government Bill that, if passed, will abolish the UK asylum system for almost everyone who needs it. It would make it almost impossible for asylum seekers, including children, to make successful claims. This will then leave them more vulnerable than ever to human trafficking and other forms of abuse.

Immigration and asylum are issues reserved for Westminster, but this Bill will have an enormous impact on law and practice in policy areas devolved to Scotland, such as child protection and the prevention of modern slavery. It also risks hindering Scotland's ability to comply with international human rights law. In our opinion, this is a "serious intrusion" by the UK Government into areas of devolved competence.

Despite this, the decision has been made by the Presiding Officer of the Scottish Parliament, Alison Johnstone MSP, not to allow the Parliament to vote on a legislative consent motion for this Bill. Voting on legislative consent would give Members of the Scottish Parliament the opportunity to express their consent, or lack thereof, to this intrusion on devolved powers.

Alongside JustRight Scotland, Scottish Refugee Council and Amnesty International in Scotland, we have written to Presiding Officer Alison Johnstone MSP to ask for an explanation of her decision. The key points and actions from the letter include:

• The human rights impact of the Bill in Scotland is significant, and transparency and clarity are essential in the legislative process.
• The Bill risks preventing devolved governments from complying with international human rights obligations.
• The Bill grants the Home Office powers to accommodate unaccompanied migrant children in Scotland and disapply Scottish Ministers' duties under the Human Trafficking and Exploitation (Scotland) Act 2015.
• A request was made to explain the decision to refuse parliamentary time for a legislative consent vote in the Scottish Parliament.
• The human rights impact of the Bill in Scotland is significant, and transparency and clarity are essential in the legislative process.

Click here to read the letter in full