The Scottish Government

Asylum Issues

Cabinet recently discussed the issue of asylum. The government identified the following issues for discussion with Westminster:

• Asylum seekers must be treated fairly and humanely, particularly when children are involved
• The welfare and rights of all children in Scotland are paramount and must be treated as such. This is reflected in Scots law
• The Scottish government is fundamentally opposed to dawn raids - to any kind of forcible removal of children - and to the detention of children at Dungavel
• We will be pursuing these issues as a matter of urgency with Home Office Ministers
• These methods are not used in many other countries - we want a commitment from them to actively explore and implement alternative options to enforcement activity and detention
• In the interim, we want a clear commitment that the Home Office will take all reasonable steps to promote voluntary methods of return and to encourage all families to consider them. We expect that all other options will have been explored before any removals take place
• We will also hold the Home Office to account for full implementation of all the measures in the March 2006 Agreement made with the previous administration
• We expect the forthcoming "legacy review" to recognise that many families have been here a long time and are well integrated. Certainly, we would expect all families who arrived here prior to the March 2006, other than those involved in criminal or fraudulent activity, to be granted leave to remain
• The Scottish government will explore the interaction between Scottish legislation that protects and supports children and UK immigration legislation. We will take all steps to protect and promote the best interests of all children in Scotland
• Our discussions with the Home Office will also focus on reinstating the right to work for asylum seekers. It does not make sense that the ability to work is denied when many have skills and experience which are in short supply in Scotland