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Immigration bill 'treats devolved governments as second class' | Immigration bill 'treats devolved governments as second class' |
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The immigration bill represents an attempt by the UK government to circumvent the Scottish parliament in key areas of housing, child protection and licensing, according to the Scottish Refugee Council, which has accused Westminster of treating devolved administrations as “second class”. | |
Ahead of a debate in Holyrood on Thursday afternoon, a coalition of housing bodies – including Shelter Scotland and the Scottish Association of Landlords – is urging the Scottish parliament to call for a halt to the bill, which it describes as “a nadir in UK government legislative practice vis-à-vis rest of the UK”. | Ahead of a debate in Holyrood on Thursday afternoon, a coalition of housing bodies – including Shelter Scotland and the Scottish Association of Landlords – is urging the Scottish parliament to call for a halt to the bill, which it describes as “a nadir in UK government legislative practice vis-à-vis rest of the UK”. |
The bill – which campaigners believe will encourage landlord discrimination and trafficking – includes provisions impacting on licensing, tenancy law, evictions and safeguarding the wellbeing of children, all of which fall within the legislative competence of the Scottish parliament. | The bill – which campaigners believe will encourage landlord discrimination and trafficking – includes provisions impacting on licensing, tenancy law, evictions and safeguarding the wellbeing of children, all of which fall within the legislative competence of the Scottish parliament. |
Rather than embedding proper scrutiny of the provisions that impact on devolved areas into the passage of legislation at Westminster, the UK government plans to invoke wide “Henry VIII” powers available to the home secretary to legislate at a later date. This could mean potentially sweeping regulations that revoke provisions in acts of the Scottish parliament, without any role or say for Holyrood and its MSPs. | Rather than embedding proper scrutiny of the provisions that impact on devolved areas into the passage of legislation at Westminster, the UK government plans to invoke wide “Henry VIII” powers available to the home secretary to legislate at a later date. This could mean potentially sweeping regulations that revoke provisions in acts of the Scottish parliament, without any role or say for Holyrood and its MSPs. |
Related: Syrian refugees in Scotland: cold weather but warm welcome | Related: Syrian refugees in Scotland: cold weather but warm welcome |
In a statement before the Holyrood members’ debate, the coalition, led by the Scottish Refugee Council, argues: “Such a scrutiny and accountability gap is serious in inter-parliamentary terms as these provisions impact on and may even alter the legislative competence of the Scottish parliament as well as in terms of fettering the capability of that parliament to safeguard the integrity of its housing and eviction law; its duties on local authorities to safeguard the wellbeing of children; and the obligations it has placed on councils in Scotland that are inclusive of unaccompanied migrant children who are classed as looked after as well as care leavers as they transition into adulthood.” | |
The House of Lords constitution committee criticised the bill on similar grounds in early January. | The House of Lords constitution committee criticised the bill on similar grounds in early January. |
Scottish Refugee Council policy officer Graham O’Neill said: “This vicious, ill-conceived and rushed bill mandates the state-sanctioned destitution of refugee children and families. It also outsources the role of immigration officers to thousands of private landlords across the country, the impact of which will be felt by all Scots seeking to rent from a private landlord. It is a step too far for the UK government that has already gone down a road of undermining the very basic rights that no one should be without and turning the UK into an immigration state. | |
“The details of how these and other aspects of the bill will operate in Scotland, Wales and Northern Ireland is not included in the bill. Instead there will be little or no scrutiny as they will be relegated to regulations. At best this treats the devolved nations as second class. At worst it reflects an effort on the part of the UK government to circumvent the competences of the Scottish parliament in housing, child protection and licensing.” | “The details of how these and other aspects of the bill will operate in Scotland, Wales and Northern Ireland is not included in the bill. Instead there will be little or no scrutiny as they will be relegated to regulations. At best this treats the devolved nations as second class. At worst it reflects an effort on the part of the UK government to circumvent the competences of the Scottish parliament in housing, child protection and licensing.” |
Campaigners hope the debate in the Scottish parliament, tabled by SNP MSP Christian Allard, will galvanise cross-party opposition to the bill in the same way that Scottish parties have recently organised against Westminster’s trade union bill. | Campaigners hope the debate in the Scottish parliament, tabled by SNP MSP Christian Allard, will galvanise cross-party opposition to the bill in the same way that Scottish parties have recently organised against Westminster’s trade union bill. |