Hansard

I congratulate Christian Allard on securing this important and timely debate. I reiterate his comment that what is happening in the world is appalling. We are experiencing a refugee crisis of great magnitude. Men, women and children are fleeing violence, particularly in the middle east and in sub-Saharan and north Africa, and are risking their lives to escape war-torn countries. As we know very well from having seen the reports, they are dying in the process of trying to get out of those countries.

What happens? The Westminster Government’s answer was to introduce the Immigration Act 2014 and, now, a bill that will have a direct impact on Scotland’s laws and this Parliament’s powers. I differ on that from Jamie McGrigor and I will describe that difference shortly.

The Parliament’s powers are important to us, to Scotland and—on immigration—to refugees and asylum seekers who come to Scotland and are welcomed here. I thank the Scottish Refugee Council for its briefing for the debate, which says:

“Legislation in a refugee crisis should be there to protect not harm migrants and refugees.”

That says it all, but it is certainly not what the Westminster Government has put forward.

Jamie McGrigor said that the Westminster Government has a mandate; well, the Scottish Parliament has a mandate from the Scottish people. Legislation that we have passed will be wiped out by the Immigration Bill that is coming from Westminster, which does not have a mandate in this Parliament or in this country. In particular, the bill will have an impact on

“licensing, housing, tenancy law, evictions and ... the safeguarding of the wellbeing of children including those looked after.”

That is important to us, as I am sure it is to Jamie McGrigor. Westminster does not have a mandate to interfere in the legislative competence that we in the Scottish Parliament have.

I will raise an issue on which I have experience and which Christian Allard mentioned—the bill’s removal of the appeal to the First-tier Tribunal. The Refugee Council’s briefing says:

“destitution is near guaranteed by the Bill’s removal of the right to appeal to the First-tier (Asylum Support) Tribunal for those individuals and families (so children too) who have their support refused or discontinued as the Home Secretary deems there is no barrier to them returning home.”

How many times have I heard that when I have been along to appeals to help to represent people? The briefing says that the right to appeal is

“a vital safeguard against extremely high levels of incorrect Home Office decisions”—

as I have found, and others have as well—

“on asylum support with almost 2/3 of appeals lodged at this Tribunal leading to support continuing or being reinstated.”

Appeals are lodged because half the time the proper information is not available to protect the asylum seekers. With the help of a good lawyer and the institutions and groups that we work with—I can speak only for Glasgow, but I am sure that this is true throughout Scotland—we can put in appeals.