This briefing focuses on aspects of the UK’s Illegal Migration Bill which impact on areas of devolved competence, particularly its disapplication of existing Scottish public authority duties in Scotland owed to children in vulnerable circumstances (particularly unaccompanied children).  This has the likely effect of impairing public authorities’ ability to discharge those duties, for example, in relation to children who are the victims of trafficking.

We are concerned that this is likely to create a two-tier system of support for children with vulnerabilities, including asylum-seeking children and child victims of trafficking, whereby only ‘Scottish’ children will have access to statutory children protection mechanisms and support.

This Bill poses a substantial risk to the progress made in ensuring comprehensive support for all asylum-seeking and refugee children, in a non discriminatory manner.