UN Human Rights Council Universal Periodic Review - fourth cycle recommendations: Scottish Government response

11. Population, Migration and Asylum

A) Protecting the Rights of Migrants and Refugees

Recommendation(s) and Responses

Relevant section(s) of the Scottish Government’s October 2022 UPR Position Statement

• 11(B) – Support for Displaced Populations, including Ukrainians
• 11(C) – Seasonal Horticultural Workers
• 11(D) – EU, EEA and Swiss Citizens’ Rights
• 11(E) – New Scots Refugee Integration Strategy
• 11(F) – Ending Destitution Together Strategy
• 11(G) – Asylum
• 11(H) – Devolution of New Powers on Migration

Recent Progress and Next Steps

Immigration and nationality is a reserved matter, the Immigration Act 2016^[209] applies across the UK, including Scotland. The Nationality and Borders Act 2022^[210] applies across the UK, including Scotland. The Scottish Parliament withheld consent on elements of the then-Bill which related to devolved matters and Scottish Government Ministers have raised significant concerns and objections to the Act.

Population Strategy

The Scottish Government has continued their work since the formation of the Population Taskforce and the publication of ‘A Scotland for the Future: Opportunities and Challenges of Scotland’s Changing Population’^[211] in 2021.

The Scottish Government published research into Attitudes to Family Formation^[212] in late-2022 and further research will inform policy development. We have also commissioned the Scottish Government’s independent Expert Advisory Group on Migration and Population^[213] to published a report exploring Asylum Seekers’ Right-To-Work by the end of 2023, to support the future development of a pilot proposal on this subject.

Further information is available at:

Population Taskforce - gov.scot (www.gov.scot)

Our Vision For A Future Scotland - A Scotland for the future: opportunities and challenges of Scotland's changing population - gov.scot (www.gov.scot)

Attitudes to family formation in Scotland - gov.scot (www.gov.scot)

Migration and Population Expert Advisory Group - gov.scot (www.gov.scot)

Support for Displaced Populations, including Ukrainians

The conflict in Ukraine has led millions of people to seek refuge in neighbouring countries, and we have taken action to play our full part in welcoming those seeking sanctuary from war. As of 11 July 2023, a total of 38,776 visas have been issued naming a Scottish sponsor^[214]. Although there was a pause on new visa applications for displaced Ukrainians to come to Scotland from 13 July 2022, the pause did not affect anyone who had already made an application or had their visa granted.

Scottish Government support for the Ukraine Advice Scotland service, delivered by JustRight Scotland^[215], provides free, confidential legal advice and information to Ukrainians and their families on legal routes for seeking safety in Scotland. We remain committed to continue funding to help the Scottish Refugee Council to help those arriving in Scotland from Ukraine.

Support delivered via Talent Beyond Boundaries^[216] assists people displaced in migrant camps to come to the UK through skilled migration routes to settle in Scotland. Talent Beyond Boundaries will support approximately 50 displaced individuals to make their home in Scotland. This UK pilot increases the availability of safe and legal routes to the UK for people in need of protection and affords refugees the dignity of being able to work to support their families and contribute to their new communities.

Further information is available at:

Ukraine Sponsorship Scheme: Visa data by country, upper and lower tier local authority - GOV.UK (www.gov.uk)

Ukraine Advice Scotland - JustRight Scotland

Seasonal Horticultural Workers

On 11 April 2023, independent research, commissioned by the Scottish Government ‘Seasonal Migrant Workers in Scottish Agriculture’^[217] was published. It provides an update on two previous research projects: the 2018 ‘Farm Workers in Scottish Agriculture’ report and the 2021 ‘Assessment of the risks of human trafficking for forced labour on the UK Seasonal Workers Pilot’, which highlighted vulnerabilities of seasonal migrant workers.

This research aimed to explore the number and demographic qualities of agricultural seasonal migrant workers in Scotland, secondly to understand the experiences of employers and seasonal migrant workers and thirdly, to provide information on the long-term prospects and viability of this sector.

Key recommendations for the UK Government were to:

• closely involve Scottish agricultural representatives in shaping future policy and schemes;
• ensure measures are evidence and experience-based, consider whether any scheme should include minimum English language requirements;
• give sufficient notice of changes to visa schemes;
• gain key data year on year directly from farms on numbers of seasonal migrant workers;
• consider how the ‘tolerable standard’ regulations should be applied to temporary accommodation and who should be best place to conduct inspections; and
• promote and clarify support available to agricultural seasonal migrant workers is the responsibility of any organisation interacting with these workers.

We remain committed to supporting the Worker Support Centre^[218] with funding of more than £123,000. Launched in 2022, the service has provided guidance, information, and vital assistance to migrant seasonal agricultural and horticultural workers in Scotland, irrespective of nationality.

We recognise the valuable contribution provided by migrant workers to Scotland’s soft fruit, ornamental horticulture and seasonal vegetable sectors, the challenges they face and the importance of their contribution to Scotland’s economy. They often face a wide range of complex issues, and it is essential that they have access to support from the Worker Support Centre to navigate these.

Further information is available at:

Worker Support Centre Scotland

EU, EEA and Swiss Citizens’ Rights

We continue to support EU citizens through our Stay in Scotland campaign^[219]. Since 2019, we have provided more than £2 million to community organisations to help EU citizens to apply to the EU Settlement Scheme (EUSS) and this funding will continue until at least March 2024.

This support includes an immigration caseworker at COSLA to assist vulnerable EU citizens to make late EUSS applications. We continue to fund Citizens’ Rights Project^[220] to provide advice and support to EU citizens across Scotland. We now also fund Settled to provide higher level immigration advice.

We have a constructive relationship with the Independent Monitoring Authority^[221]. Officials have worked closely with the IMA to ensure that the rights of EU citizens in Scotland continue to be protected.

We continue to work with our Stay in Scotland campaign partners^[222], and wider third sector, to support EU citizens in Scotland. We also work with colleagues across the public and private sectors to continue to raise awareness of, and find solutions to, issues for EU citizens in Scotland.

The Scottish Government is committed to working constructively with the Independent Monitoring Authority to ensure that the rights of EU citizens in Scotland are protected.

The Home Office publish quarterly statistics on the EU Settlement Scheme - EU Settlement Scheme statistics - GOV.UK (www.gov.uk)

New Scots Refugee Integration Strategy

The Scottish Government remains committed to supporting refugees, asylum seekers and Scotland’s communities through our pioneering and collaborative New Scots refugee integration strategy approach^[223], in partnership with the Convention of Scottish Local Authorities and Scottish Refugee Council.

In October 2022, the New Scots partnership, led by Scottish Government, has secured additional funding from the EU’s Asylum, Migration and Integration Fund to extend the New Scots Refugee Integration Delivery Project to December 2023. Funding for the project over three years has totalled £6.6 million, with £6 million from the Asylum, Migration and Integration Fund and the remainder provided as match funding by the Scottish Government to support refugee integration in line with New Scots.

The project has supported:

• the award of funding to over 50 projects across Scotland to spread good practice and support innovation in refugee integration from September 2021 – November 2022;
• provision of over £500,000 in targeted funding for two of the highest priority areas (English for Speakers of Other Languages (ESOL) and Employability) from May – November 2023;
• investment in research and evaluation to inform the development of the next New Scots Refugee Integration Strategy, ensuring this is firmly rooted in evidence; and
• funding of wide-scale public engagement across Scotland for the refreshed New Scots Refugee Integration Strategy (to begin later in 2023).

Working in partnership, the Scottish Government, COSLA and the Scottish Refugee Council will refresh the New Scots refugee integration strategy^[224], to build on the progress and experience of a decade of work under the New Scots approach. This will include wide ranging engagement so that the strategy continues to be informed by refugees, people seeking asylum and those with expertise supporting them.

Over the course of 2023, the Scottish Government, COSLA, Scottish Refugee Council and the University of Glasgow have been working on the New Scots refugee integration delivery project, supporting projects delivering on ESOL and employability and further research and evaluation work.

Ending Destitution Together Strategy

The Scottish Government and the Convention of Scottish Local Authorities continue to work together to deliver the Ending Destitution Together strategy^[225], which aims to improve support for people who have No Recourse to Public Funds (NRPF) and who are at risk of destitution.

Key actions in the strategy include the Scottish Crisis Fund project, delivered by the British Red Cross, which is providing crisis cash grants to people facing destitution, who are experiencing barriers to accessing support and is inclusive of people with NRPF. The project does not provide a long-term income source, but is intended to provide immediate crisis support where people are experiencing or at risk of destitution. The Scottish Government has committed to continue support of the project by providing funding up to £715,000 in 2023-24.

The Scottish Government continues to support the Scottish Refugee Council^[226], in partnership with Fair Way Scotland, to deliver a diagnostic legal advice and advocacy support service for people subject to NRPF by providing over £330,000 in 2023-24. The project will also provide information to help us understand the circumstances of people that require legal support and the extent and nature of NRPF destitution in Scotland.

COSLA and Just Right Scotland launched the revised Migrants’ Rights and Entitlement Guidance on 4 October 2023. This was updated following the UK’s exit from the EU, the Nationality and Borders Act and other changes that have occurred across the legislative landscape. The guidance seeks to strengthen understanding of the complex legal frameworks that share people’s eligibility for support and assist local authorities in reaching decisions on support for people who have NRPF.

COSLA and Just Right Scotland launched the revised Migrants’ Rights and Entitlement Guidance^[227] on 4 October. This was updated following the UK’s exit from the EU, the Nationality and Borders Act and other changes that have occurred across the legislative landscape. The guidance seeks to strengthen understanding of the complex legal frameworks that share people’s eligibility for support.

Asylum

Asylum and immigration are matters reserved to the UK Government, including the operation of the asylum system and provision of accommodation and financial support for people seeking asylum if they would otherwise be destitute.

The Scottish Government was opposed to the Illegal Migration Bill, as it passed through the UK Parliament, and raised significant concerns with the UK Government about the impact that the legislation would have on people in need of protection and our communities. Westminster’s Joint Committee on Human Rights concluded, during their scrutiny of the Bill, that it “is, in effect, a near-ban on asylum and humanitarian protection Extinguishing, the right of asylum for refugees arriving in the UK breaches the object and purpose of the [UN Convention on Refugees] with which we are bound, in good faith, to comply.” The Scottish Parliament debated the Bill on 28 April when a motion opposing the Bill was agreed. The Bill was granted royal assent and became an Act on 20 July 2023^[228].

The Scottish Government continues to support the widening of asylum dispersal in principle but believes participation by local authorities should be voluntary. Scottish local authorities outside Glasgow are now participating in asylum dispersal, and work is ongoing to support continued development of dispersal. The Scottish Government believes that people seeking asylum should be accommodated within communities with access to the essential services, legal advice, and advocacy they need. Use of contingency hotels and other temporary accommodation or large-scale alternative accommodation sites are not appropriate for people seeking asylum and are not comparable to their use for other groups because of fundamental differences in the autonomy, rights and support options available for people seeking asylum. The Scottish Government continues to make the case for an asylum system that is effective and supports our commitment to integration from day one of arrival.

Devolution of New Powers on Migration

Immigration and nationality is a reserved matter, the Immigration Act 2016^[229] applies across the UK, including Scotland. The Scottish Parliament withheld consent on elements of the then-Bill which related to devolved matters and Scottish Government Ministers have raised significant concerns and objections to the Act.

The Illegal Migration Bill was introduced in the House of Commons on 7 March 2023. The bill received royal assent on 20 July becoming the Illegal Migration Act.

The Scottish Government remains opposed to the Illegal Migration Act which will push already vulnerable people deeper into exploitation and destitution. The UK Government should repeal the Act immediately. The Scottish Parliament has overwhelmingly rejected the proposed legislation – both in April and in a recent debate on 27 June.

The Scottish Government has clearly outlined our position on the devolution of new powers on migration. Clearly changes are required to the immigration system in order to address the acute labour market shortages being faced across multiple sectors of our economy and public services. The UK Government’s ‘points-based system’ is too heavily focused on high earners leaving almost no route for some of Scotland’s most important roles, and the UK’s immigration fees are some of the most expensive in the world. Scottish Ministers have called, several times, for these to be reduced, as they create an insurmountable barrier for both workers and employers.

Migration is not the sole solution to this wide-spread problem. The Scottish Government is working productively with business and taking action in those areas within our responsibilities including promoting fair working practices and provision of upskilling and retraining opportunities aimed at hardest hit sectors.

See also:

Interministerial Group for Safety, Security and Migration Communiqué: 11 July 2023 - GOV.UK (www.gov.uk)

Relevant National Outcomes

• We live in communities that are inclusive, empowered, resilient and safe.
• We are creative and our vibrant and diverse cultures are expressed and enjoyed widely.
• We have a globally competitive, entrepreneurial, inclusive and sustainable economy.
• We are well educated, skilled and able to contribute to society.
• We have thriving and innovative businesses, with quality jobs and fair work for everyone.
• We are healthy and active.
• We respect, protect and fulfil human rights and live free from discrimination.
• We are open, connected and make a positive contribution internationally.
• We tackle poverty by sharing opportunities, wealth and power more equally.

Relevant Sustainable Development Goals

• 1 - End poverty in all its forms everywhere.
• 2 - End hunger, achieve food security and improved nutrition and promote sustainable agriculture.
• 3 - Ensure healthy lives and promote well-being for all at all ages.
• 4 - Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all.
• 8 - Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all.
• 10 - Reduce inequality within and among countries.
• 11 - Make cities and human settlements inclusive, safe, resilient and sustainable.
• 16 - Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.

B) UK-Rwanda Migration and Economic Development Partnership

Recommendation(s) and Responses

Relevant section(s) of the Scottish Government’s October 2022 UPR Position Statement

• 11(G) – Asylum

Recent Progress and Next Steps

Immigration and asylum are reserved to the UK Government Home Office. Restrictions applied through reserved immigration legislation and rules (e.g. No Recourse to Public Funds) apply across the UK, including Scotland.

The Scottish Government remains opposed to the UK Government’s “asylum partnership arrangement” with Rwanda^[230]. The proposals are not consistent with the UK’s international responsibility to recognise and support refugees. On 15 November 2023 the UK Supreme Court ruled that the proposed scheme was unlawful.^[231] In response the UK Government signed a new treaty with Rwanda^[232] (replacing its previous Memorandum of Understanding). It then introduced legislation^[233] at Westminster declaring Rwanda to be a “safe country” and overriding the Court’s finding that Rwanda cannot, on an objective examination of the evidence, be considered to be safe. The Safety of Rwanda (Asylum and Immigration) Bill also disapplies key protections contained in the Human Rights Act 1998 and envisages a situation in which UK ministers may decide not to comply with interim measures^[234] indicated by the European Court of Human Rights. The Bill is currently under consideration in the UK Parliament and has encountered strong opposition.

The Scottish Government is clear that claims for asylum must be given careful, compassionate and legally competent consideration by the Home Office, in accordance with the UK’s international obligations. Individuals whose claims are successful must then be supported to rebuild their lives as refugees in the UK. The UK Government must be transparent about the full costs of this arrangement, and how this can be more financially efficient than improving the UK asylum system and supporting people appropriately here.

Relevant National Outcomes

• We live in communities that are inclusive, empowered, resilient and safe.
• We respect, protect and fulfil human rights and live free from discrimination.
• We are open, connected and make a positive contribution internationally.

Relevant Sustainable Development Goals

• 16 - Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.