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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 18 December 2025
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Displaying 1078 contributions

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Equalities, Human Rights and Civil Justice Committee

Asylum Seekers in Scotland

Meeting date: 16 May 2023

Paul O'Kane

We have had a conversation about resource and how such decisions often become very resource driven because of the pressures that local authorities and other agencies face. The evidence that the committee has heard thus far from people such as the Children and Young People’s Commissioner Scotland is that we need to refocus on the issue and look at it through a human rights lens, because there are serious concerns about dignity. John Taylor spoke about dignity and respect in his opening statement, and there is a lack of dignity and respect for people who are seeking such support. In a previous question, I referred to high-profile cases of people being housed inadequately or in inappropriate settings and the challenges that people who are being left destitute face.

Do you think that Mears takes a human rights approach? What more do you think that you could do in your contracts to achieve the dignity and respect that you spoke about?

Equalities, Human Rights and Civil Justice Committee

Asylum Seekers in Scotland

Meeting date: 9 May 2023

Paul O'Kane

It would be helpful if Elaine Tomlinson could say something about that. I appreciate your point about working within the confines of the law, but how do we ensure that everyone has access to interpretation services, healthcare and welfare? Is it your view that that is happening across the piece now in Police Scotland? Perhaps Elaine might be able to say more.

Equalities, Human Rights and Civil Justice Committee

Asylum Seekers in Scotland

Meeting date: 9 May 2023

Paul O'Kane

I want to build on the point about ESOL provision, because it is important. Could Gayle Findlay comment on ESOL provision across Scotland? We obviously do not have an ESOL strategy any more, but it would be useful to understand COSLA’s position on who should be responsible for delivering ESOL services. It is fair to say that provision is patchy. I do not say that to anybody’s detriment; it is just that there is no concerted strategy.

Equalities, Human Rights and Civil Justice Committee

Asylum Seekers in Scotland

Meeting date: 9 May 2023

Paul O'Kane

I am grateful for that answer. With regard to record keeping and passing on information, I am particularly interested in the justification, if you like, for passing information to the Home Office straight away, even if someone says that they have been a victim of a serious crime such as human trafficking. Would it not be more appropriate to find a system whereby we pass that information to a solicitor, in the first instance, or that there is a discussion with a solicitor or a trusted non-governmental organisation, rather than going straight to the Home Office, which could, very quickly, result in a removal order coming through and that process kicking in?

Do you recognise that there are issues to do with information sharing? Police Scotland has previously said that that is about the safeguarding of victims but not a lot of people recognise that as the best way to protect people.

Equalities, Human Rights and Civil Justice Committee

Asylum Seekers in Scotland

Meeting date: 9 May 2023

Paul O'Kane

I have one more question, convener, if I may. It is on a slightly different topic, but I want to ask it because Ms Long is here. As a regional member for West Scotland, I am particularly interested in the implementation in Inverclyde of the new Scots strategy, because declining population in certain communities is an issue there. Do you and the council see an opportunity to grow communities again by bringing in new families through the new Scots programmes? What work have you done on bringing communities together to understand the new diversity that might exist in a community that, perhaps, has not been as diverse as other places in Scotland?

11:45  

Equalities, Human Rights and Civil Justice Committee

Asylum Seekers in Scotland

Meeting date: 9 May 2023

Paul O'Kane

I want to follow up the conversation about the legislation and, indeed, on what can be done within devolved legislative competence on those issues. The Scottish Refugee Council has called on the Scottish Government to use its powers under section 9 of the Human Trafficking and Exploitation (Scotland) Act 2015 to look at creating an anti-trafficking protection process, essentially, that would bypass the NRM. To what extent do the witnesses consider that that would be useful in protecting our obligations under article 4 of the EHRC? I will start with Bronagh Andrew to get a sense of whether you want the Government to push that forward.

Equalities, Human Rights and Civil Justice Committee

Asylum Seekers in Scotland

Meeting date: 9 May 2023

Paul O'Kane

I will correct my acronym: for the record, it is ECHR—the European convention on human rights—not EHCR. I do that all the time, so apologies for that.

Thank you, Bronagh—that was helpful. Notwithstanding the challenges that the Illegal Migration Bill presents, what is your sense of engagement with ministers on that? Has work been done to look at a different referral mechanism?

Equalities, Human Rights and Civil Justice Committee

Asylum Seekers in Scotland

Meeting date: 9 May 2023

Paul O'Kane

Okay. You mentioned Police Scotland’s interest in protecting the most vulnerable. I will ask about your approach to supporting people. People are held in custody suites or in cells using the powers under immigration legislation. That practice is particularly concerning for people who are saying quite clearly that they are victims of human trafficking. In some cases, they have left a really dangerous situation and are then held in custody.

To what extent do you recognise that that practice is an additional barrier to supporting someone who has been a victim of human trafficking? Do you recognise that the Angiolini review identified that as being an additional barrier? Is there more that we can do to find alternative ways to process people?

Equalities, Human Rights and Civil Justice Committee

Asylum Seekers in Scotland

Meeting date: 9 May 2023

Paul O'Kane

I appreciate that Police Scotland will be limited in what it can say in respect of devolved competences, but as regards the practicalities, might you be able to say something about whether a different referral mechanism would be helpful to you? I just want to give you an opportunity to comment on that.

Equalities, Human Rights and Civil Justice Committee

Asylum Seekers in Scotland

Meeting date: 9 May 2023

Paul O'Kane

Okay. That would be useful.