My Lords, before we move on, I will make some remarks about devolution and this
Bill. I begin by placing on record my thanks to the devolved Administrations for their engagement at both official and ministerial level.
The majority of the Bill’s provisions apply across the UK. Some clauses extend only to England and Wales because the relevant policy areas relate to matters that are devolved in Scotland and Northern Ireland. These are: civil legal services; arrangements for prisoners who are liable to removal from the United Kingdom; and some specific measures relating to support for potential victims of modern slavery.
I want to be clear that, in the view of the UK Government, the provisions of the Bill that have UK-wide application relate strictly to reserved matters. This means that none of the Bill’s provisions engage the legislative consent process. We have therefore not sought legislative consent from the devolved legislatures.
I advise your Lordships’ House that the Scottish Parliament has approved a Motion, lodged by the Scottish Government, to withhold legislative consent in respect of specific measures relating to age assessment and modern slavery. But it is the view of the UK Government that these measures relate strictly to reserved matters and therefore did not engage the legislative consent Motion process and do not require legislative consent.
The Senedd Cymru has also approved a Motion, lodged by the Welsh Government, to withhold legislative consent in respect of specific measures relating to age assessment and to powers to make consequential provisions. Again, in the view of the UK Government, these measures relate to reserved matters and therefore did not engage the legislative consent Motion process and do not require legislative consent.
For the sake of completeness, I will say that the Northern Ireland Executive has not lodged a Motion relating to the Bill in the Northern Ireland Assembly.
We look forward to continued engagement with the devolved Administrations as we move to operationalise the Bill and the wider new plan for immigration.
Clause 44: Illegal entry and similar offences
Amendment 1