My Lords, before we commence proceedings on the Bill, I am obliged to make a short statement setting out the position on legislative consent. It is the UK Government’s view that the Bill relates to reserved or excepted matters—namely, immigration and nationality—in each of Scotland, Wales and Northern Ireland, and is therefore not within the legislative competence of any of the devolved legislatures.
The United Kingdom Government note that the Senedd has declined to agree a legislative consent Motion in relation to certain provisions in the Bill, but it is our view that the legislative consent process is not engaged in relation to Wales.
Noble Lords will recall that we added a provision on Report relating to legal aid in Northern Ireland. Such a provision may amount to an alteration of the Department of Justice’s executive functions; as such, we consider that this provision engages the legislative consent process in Northern Ireland. However, due to the continued absence of the Northern Ireland Executive and Assembly, a legislative consent Motion cannot be secured.
For completeness, I add that no legislative consent Motion has been considered by the Scottish Parliament. The Scottish Government sought to bring forward such a Motion in relation to the modern slavery provisions in the Bill, but the Presiding Officer concluded that it did not meet the terms of the relevant standing order of the Scottish Parliament and consequently it was not debated. Accordingly, I beg to move.
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Motion