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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 5 May 2021
  6. Current session: 12 May 2021 to 10 August 2025
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Displaying 1074 contributions

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Equalities, Human Rights and Civil Justice Committee

Minimum Core Obligations

Meeting date: 23 May 2023

Paul O'Kane

Does anyone else want to add anything? That was very helpful. This and other committees of the Parliament, absolutely have a scrutiny role and a responsibility to ensure that legislation is compatible.

I suppose that my question is partly about what happens when targets or standards are not met. In a parliamentary democracy, it can often be difficult to enforce those, if I can use that word, because of the nature of majorities. Would the courts be the place where much of that would be done, rather than the Parliament? Alternatively, is there a role for a commissioner within the Parliament or the Scottish Human Rights Commission to have those powers of redress, I suppose, and to deal with significant issues when they arise?

11:00  

Equalities, Human Rights and Civil Justice Committee

Asylum Seekers in Scotland

Meeting date: 16 May 2023

Paul O'Kane

Obviously, the committee is cognisant of the Illegal Migration Bill and has been looking at its impacts. Caroline O’Connor, it has been suggested that a broader humanitarian strategy that would pull lots of different Scottish Government strategies together might be a better way to respond to that. Do you have a view on that?

Equalities, Human Rights and Civil Justice Committee

Asylum Seekers in Scotland

Meeting date: 16 May 2023

Paul O'Kane

Good morning. The committee recognises that asylum and immigration are reserved matters, but we are particularly interested in the devolved areas, especially the Scottish Government’s work to address many of the issues about which we have already heard this morning and throughout our evidence taking.

Will you share with us what involvement you have had with the Scottish Government’s strategies, particularly the new Scots and ending destitution together strategies?

Equalities, Human Rights and Civil Justice Committee

Asylum Seekers in Scotland

Meeting date: 16 May 2023

Paul O'Kane

John Taylor, you mentioned the current challenges with regard to interaction with local authorities, particularly around housing supply, and you said that wider dispersal will exacerbate those issues. Is the challenge with local authorities about what is available, or is it about how Mears chooses to interact with them? There have been a number of high-profile cases, which I think we would all recognise and which have been particularly concerning. Is it your view that the problem is with the interaction with local authorities?

Equalities, Human Rights and Civil Justice Committee

Asylum Seekers in Scotland

Meeting date: 16 May 2023

Paul O'Kane

I have one more question on local authorities before I move on to the human rights approach. Caroline O’Connor, in your interaction with local authorities, where do you see the gaps or challenges in terms of wider support provision?

Equalities, Human Rights and Civil Justice Committee

Asylum Seekers in Scotland

Meeting date: 16 May 2023

Paul O'Kane

Are you cognisant of the criticisms that have been voiced by people such as the Children and Young People’s Commissioner Scotland of the circumstances in which pregnant women, in particular, have found themselves and of the issues around how hotels are managed and supported by Mears? How do you react to that criticism, take it on board and make changes? Much of the evidence that we have heard thus far has suggested that that does not always happen—or, at least, there is a real feeling that it does not always happen.

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.