Hansard

I open this debate on the Border Security, Asylum and Immigration Bill at a time of growing global instability. That instability can result in people having to flee their homes to seek safety in another country. Scotland has a proud history of welcoming those who are fleeing war and persecution, and the debate needs to be seen in that wider context.

Border security is central to the UK Government’s plan for change. The Border Security Command aims to co-ordinate efforts to dismantle criminal gangs, which prey on the desperation of those who are seeking a safe haven. At the time of the previous general election, more than 122 million people worldwide were forcibly displaced as they fled persecution and conflict, violence and human rights violations.

Many people risk dangerous Channel crossings out of desperation and rely on smugglers and criminal networks. These are not journeys of choice; they are journeys of desperation by men, women and children who are seeking safer shores.

In 2024, 73 people died attempting the crossing—more than in the previous six years combined. The boats are now more crowded, with an average of 53 people per vessel, which is up from 13 per vessel in 2020. The Scottish Government does not condone illegal activity and supports efforts to disrupt criminal networks. Measures such as enhanced data sharing and new offences can help, but they must be implemented with care. Strong oversight, safeguards and respect for privacy and due process are essential.

Strengthening border security is legitimate, but it must not criminalise those who are fleeing war and persecution. While we support sanctions for serious crimes, such as human trafficking, breaching immigration rules alone should not result in criminalisation. Many people who arrive in small boats are vulnerable individuals who are seeking safety. Detention and prosecution should always be a last resort.

The bill must be matched by the expansion of safe and legal routes, such as refugee resettlement, family reunion and humanitarian pathways. Amnesty has said that safe routes save lives, and the Scottish Refugee Council has called the bill a “missed opportunity”. Enforcement alone will not resolve the crisis. We must address the root cause and protect the most vulnerable. As a founding signatory to the refugee convention, the UK has a moral and legal duty to uphold its principles.

I welcome the Equalities, Human Rights and Civil Justice Committee’s report on the legislative consent memorandum and its recommendation that the Parliament should consent to the relevant provisions in the bill. The committee highlighted stakeholder concerns about age declaration forms and called for the reassurance that we are working with the UK Government to mitigate the risks for unaccompanied asylum-seeking children. We have engaged with the UK Government and we understand that those forms are used in Kent, not Scotland. We will continue to monitor the issue.

The Scottish Government remains committed to supporting those who come to Scotland in search of safety and to ensuring that the implementation of the bill reflects our values and respect for human rights. As head of the Crown Office and Procurator Fiscal Service, the Lord Advocate has published instructions for prosecutors when considering the prosecution of a person who is, or appears to be, the victim of human trafficking and exploitation.

The Scottish Government introduced what became the Human Trafficking and Exploitation (Scotland) Act 2015, which provides support when there are reasonable grounds to believe that an adult is a victim of human trafficking. That support can include accommodation, medical care, legal services and psychological support.

Alongside support services that local authorities provide to child victims, the Scottish Government funds the guardianship Scotland service to support unaccompanied children in Scotland who have been trafficked or who are vulnerable to being exploited.

We facilitate refugee integration through the new Scots refugee integration strategy, which is delivered in partnership with the Convention of Scottish Local Authorities and the Scottish Refugee Council. We also provide tailored support through Scotland’s migration service, which helps people to navigate our complex immigration system, understand their rights, access services and build stable lives.

In moving the motion, I recommend the Parliament’s consent to the relevant provisions in the bill as amended. While recognising the UK Government’s efforts to combat organised immigration crime, the Scottish Government reaffirms its commitment to those who are fleeing persecution and urges the UK Government to expand the availability of safe and legal routes to sanctuary.

I move,

That the Parliament agrees that the relevant provisions in the Border Security, Asylum and Immigration Bill, introduced in the House of Commons on 30 January 2025, relating to the provision and sharing of trailer registration information (amended clauses 30 to 33), the provision of biometric information at ports in Scotland (clause 36), the repeal of certain provisions of the Illegal Migration Act 2023 (clause 38), the detention and exercise of functions pending deportation (clause 41), powers to take biometric information at detention centres (clause 44), offences relating to articles for use in serious crime (clauses 49 and 50), applicants for making of orders and interim orders (clause 54), and the validation of fees charged in relation to qualifications (clause 57), so far as these matters fall within the legislative competence of the Scottish Parliament and alter the executive competence of the Scottish Ministers, should be considered by the UK Parliament.