Welsh Parliament votes against Illegal Migration Bill

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People thought to be migrants driven away from the Port of Dover in Kent

A majority of the Senedd has voted to reject the UK government's Illegal Migration Bill.

The plan, aimed at stopping people crossing the Channel in small boats, would prevent anyone arriving illegally in the UK from claiming asylum.

It was described as "cruel", "callous" and a "ban on asylum" in a debate on Tuesday.

Welsh Labour and Plaid Cymru Senedd members refused their consent for the law in a symbolic vote.

But the bill was backed by the Welsh Conservatives, which argued the bill will provide "greater capacity" to provide a safe haven for those at risk of war and persecution.

The Equality and Human Rights Commission (EHRC) has said the plans, currently making their way through the UK Parliament, risk breaching the UK's human rights obligations.

On Tuesday evening 38 Members of the Senedd voted to refuse consent for the bill, with 15 voting for.

The motion is required to be passed when a UK bill covers a part of law that is usually dealt with by the Welsh Parliament - it indicates whether the Senedd is happy for Westminster to continue.

Because of the way devolution works, it has no legal impact and Parliament can continue to legislate even if the Senedd votes the motion down.

Jane Hutt, Welsh Labour social justice minister, told the debate a number of organisations concluded the bill amounted to a "ban on asylum".

Ms Hutt said it does not recognise the devolved context of Wales and can impose functions on "devolved Welsh authorities".

The minister raised concerns over parts of the bill that could allow children to be removed from the care of Welsh social services, "with possible detention and deportation", and the "removal of the right to appeal an age assessment decision despite the various significant detrimental impacts, which will be caused by an incorrect decision being reached".

"It's completely unacceptable [for] the UK government... to be able to be undermining the Senedd's legislative competence by attempting to decide what is in the best interest of children or mandating particular methods of age assessment," she said.

The Home Secretary Suella Braverman has said unaccompanied children would only be removed before they reach 18 under limited circumstances, such as for the purposes of family reunion.

Image source, PA Media

The chair of the Senedd's children and young people committee, Labour's Jane Bryant, said all the evidence her committee had received "indicates that the Illegal Migration Bill completely disregards children's rights and human rights more widely".

She said her conclusions were not supported by the Conservative members of the committee.

For Plaid Cymru, Peredur Owen Griffiths said: "Cruel and callous legislation such as this has no place in Wales".He said it was "one of the vilest pieces of legislation" to come before the Senedd.

The Welsh Conservatives' Mark Isherwood said his party would be supporting the LCM.

"We now have to see a commitment from the Welsh government to work alongside the UK government to increase the availability of safe and regular routes to our shared UK.

"As illegal migration is restricted, the UK government will have greater capacity to provide a safe haven for those at risk of war and persecution. And the bill provides for the UK government to commit to resettling vulnerable refugees from around the world every year".

Welsh Liberal Democrat leader Jane Dodds also voted against the bill.