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Illegal Migration Bill

the text 'seeking asylum is a human right' written seven times across a background of  water

Alongside other human rights and migrants' rights organisations, Amnesty has written to the Scottish Parliament's Presiding Officer to ask why MSPs were not given time to vote on whether to consent to the UK Government's heinous Illegal Migration Bill.

According to the Sewel Convention devolved parliaments should be given the opportunity to refuse or grant consent to UK wide legislation which impacts devolved areas. While the UK Government failed to lodge a Legislative Consent Motion (LCM) for the Bill, the Scottish Government did draft a motion which wasn't permitted to be lodged. 

We are clear that the Bill interferes with devolved areas including Scotland's anti-trafficking legislation and child protection policy. Kay Springham KC recently provided a legal opinion on the Bill and with regards to one clause is unequivocal that: “it would be hard to think of a clearer example” of legislation relating to devolved matters.

We have therefore written to the Presiding Officer to request as full an explanation as possible regarding why parliamentary time for a legislative consent vote in the Scottish Parliament was not permitted. The human rights impact of this Bill, if enacted, will be felt acutely by people in Scotland. As we call on the Scottish Government to do more to develop a mitigation plan, it is vital that there is no confusion regarding the legal implications of this Bill for Scottish Ministers and public bodies in Scotland, and transparency in relation to the legislative process.

Read our letter below:


Letter to PO Re Illegal Migration Bill 072023.pdf
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Our blogs are written by Amnesty International staff, volunteers and other interested individuals, to encourage debate around human rights issues. They do not necessarily represent the views of Amnesty International.
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