Hansard

I am pleased to open this brief debate on the Border Security, Asylum and Immigration Bill, the purpose of which is to rectify an oversight.

I regret that the Scottish Parliament has not had more time to consider the supplementary legislative consent memorandum. The original LCM, which covers the vast majority of the relevant provision in the bill, was debated and passed by the Parliament on 26 June. However, it has since become apparent that clause 53(6) of the bill should have been included in the original LCM and motion.

Since the omission became apparent, officials have worked to develop a supplementary LCM covering the oversight, which was lodged on 4 November. Although I accept that that is far from optimal, I am grateful to the convener of the Criminal Justice Committee for suspending the committee’s responsibilities under standing orders to allow the debate to proceed in order to provide Parliament with the opportunity to consider the legislative consent motion before the bill reaches its final form.

Clause 53(6) amends section 25(1) of the Serious Crime Act 2007 by inserting the words

“or an interim serious crime prevention order”

after “order”. That will put the breach of an interim serious crime prevention order on the same footing as the breach of a full serious crime prevention order, ensuring that there is consistency of approach across the United Kingdom when dealing with those who might seek to circumvent the restrictions that are imposed on them. It is important—indeed, imperative—that we support the extension of clause 53(6) to Scotland, in order to prevent criminals attempting to get around the conditions of an interim serious crime prevention order simply by moving jurisdiction.

In moving the motion, I recommend that the Parliament consent to clause 53(6).

I move,

That the Parliament agrees that the relevant provisions of the Border Security, Asylum and Immigration Bill, introduced in the House of Commons on 30 January 2025, and subsequently amended, relating to clause 53(6) on the breach of interim Serious Crime Prevention Orders (iSCPO), so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament.