Pete Wishart MP: speeches

Speeches

• 18 Mar 2025 · Border Security, Asylum and Immigration Bill (Eleventh sitting) · Hansard source

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  It is a pleasure to once again to serve under you as Chair, Dr Murrison. When I look at the Tory amendments in their totality, they are quite frankly an absolute and utter disgrace. It is as if the Tories have learnt absolutely nothing from the Rwanda debacle and the Illegal Migration Act 2023. Some of the amendments that we will be debating are simply heinous, lacking in any reasonable standard of compassion and empathy. What a country they would create: one devoid of human rights and international protections, where people are simply othered and deprived of any rights whatsoever. Some of the most desperate and wretched people in the world would be denied and booted out. I used to say that the Tories would never beat Reform in the race to the bottom, but looking at the collection of amendments that we are debating today, they are going to give it their best shot. It is just possible that they will out-Reform Reform colleagues in the House of Commons. The amendments are not only terrifying but ludicrously unworkable—blatant political grandstanding, designed to appeal to the basest of instincts. We have the grim task of having to debate them one by one; I just hope that the Committee will reject them totally out of hand. New clause 25 was raised in a blaze of publicity at the end of the self-denying ordinance from the Leader of the Opposition when she announced her new immigration policy, which I understand has been changed and finessed over the course of the past few weeks, but is still as grotesque underneath as it started. The Conservatives do not believe that British citizenship should be a privilege; they believe that British citizenship should be virtually unobtainable, and that the strongest possible tests must be applied before anybody is ever going to get the opportunity to call themselves a British citizen. That is totally and utterly self-defeating. The provision will apply to work-based visa holders, skilled workers and global talent, who can currently apply for ILR after five years. Extending that period to 10 years could deter highly-skilled workers and investors from coming to stay in the UK. It may lead to workforce instability, particularly in sectors reliant on international talent. It would also disadvantage certain migrants and people who have lived legally in the UK for 10 years but do not hold one of the listed visas. This is an unworkable, crazy proposal that can only be self-defeating and have a massive impact on our economy. It would create a massive disincentive to the very people we need to come into the UK to fill some of our skills gaps. I hope the provision is roundly rejected.

• 18 Mar 2025 · Border Security, Asylum and Immigration Bill (Eleventh sitting) · Hansard source

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  I am grateful to the Minister for her response to my new clause 43, but a lot of what she claims is in it is not actually there—I hope she accepts that. Those of us who visit asylum seekers in our constituencies will recognise that the determination is probably the most contentious issue that asylum seekers bring to us; it is the thing that perplexes and concerns them the most. They are very sensitive to it being done wrong, and it gets done wrong in both directions, as the Minister said. The number of children found to have been misclassified as adults outweighs quite significantly the number of cases where an asylum seeker has falsely claimed to be a child. Everybody is right that there is no scientific or other method to determine age that is 100% effective—visual assessments certainly are not. Surely, however, the people who are best qualified to make these assessments are people who work with children—whose main business is to make these sorts of judgments about children. That is why we have asked for Merton-compliant age assessments, so that an holistic view is taken of the individual and they are assessed properly by social workers trained to work with children. Surely that is the most effective means to determine these things. I am not saying that we should not use other things, but where the issue is in dispute—perhaps I should have included that in my new clause; clearly, the people sitting in this Committee could not be classified as children—we must get it right. That is so important as we go forward. It is life-changing, dangerous and damaging to be misclassified. As I said in my initial contribution, this is not an immigration issue, but a safeguarding issue. We must get it right. That is why I will press my new clause to a vote as well. Question put, That the clause be read a Second time.

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Tenth sitting) · Hansard source

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  This afternoon seems to be a bit of a Lib Dem fest because of the new clauses tabled by the hon. Member for Woking. There is nothing wrong with that; in fact, I very much approve of this new clause. To the hon. Member for Weald of Kent—I do not like to rebuke her, because that is not the sort of Member of Parliament I am, as you will know, Dame Siobhain—I say that so many people come through the health and care route because there is real need in the whole system. We need people to come and make sure that someone has those jobs. I challenge her to visit the NHS establishments in her constituency and find out the real difficulties that many health professional managers have in securing the staff they require. This new clause is a practical suggestion to deal with a real issue in our immigration system. It is unfair that those who come to do some of the most demanding and low-paid jobs in the UK are forced to pay that charge.

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Tenth sitting) · Hansard source

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  We know those jobs are underpaid, and that is why so few people in the general community whom the hon. Lady would class as British-born are prepared to do them. We are dependent on people coming to our shores to do those jobs, and our health service would fall apart if they all decided to leave. We depend on them, and it is unfair that they have to pay that extra and excessive charge. I hope that the Government will look at this new clause, because I think it is reasonably good and one of the few that would make a significant and practical improvement to the situation.

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Tenth sitting) · Hansard source

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  I beg to move, That the clause be read a Second time.

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Tenth sitting) · Hansard source

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  I am not entirely sure what point the hon. Gentleman is trying to make. I think jobs being available for ordinary Scots is the general thrust of his argument and debate, but I would just challenge him to go and speak to people who are actually working and serving in the care sector—people in the NHS. If he is really interested, he could come to my constituency and speak to those in rural sectors, and in hospitality and catering, who cannot get the people to staff their businesses, which is forcing them to close, or to open part time. That is the reality of the situation, and here we have, sitting in these hotels, people who could do these tasks and functions. Not only that, but some of them are accountants, doctors and economists. The range of skills available in each of these hotels is quite outstanding. They speak perfectly good English. All of them could do these tasks. I think it is just such a waste that they are doing absolutely nothing other than waiting the months and months—possibly even years—for their applications to be processed by this Government. I know this Government have improved on what was happening under the Conservatives, but there is still a long way to go before we are anywhere close to an efficient system in which people are having their applications processed readily and quickly. Therefore, I support the new clause; I think it is a good one to bring forward, and I really hope that the Government listen.

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Tenth sitting) · Hansard source

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  No, I will correct her and then she can come back on that. Scotland hosted 5,086 refugees receiving support from local authorities. That represents 8.3% of total asylum seekers. The population of Scotland accounts for something like 8.8% of the total population of the United Kingdom, so we are hosting almost the same number as our population share—that is quite remarkable given the distance Scotland is from where most of the asylum seekers come in. We have a proud record of supporting asylum seekers. Not only do we have our fair share when it comes to hotels, but we give free travel to asylum seekers in Scotland—something we are very proud of. I am happy to give way to the hon. Lady if she wants to come back on that, but I do not know where she is getting her figures from.

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Tenth sitting) · Hansard source

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  I am sure the hon. Gentleman and I will have the opportunity to discuss these issues in the future of this Parliament and I very much look forward to that. I did not hear anything at all from the Minister about anything to do with the quite stern rebuke to this Government from the United Nations High Commissioner for Refugees in its written evidence. It is concerned that this measure drives a coach and horses through the UK Government’s commitments to certain sections of the various conventions. Is the Minister even slightly embarrassed about what has been presented to them? This is a nasty, pernicious move by this Government, and it is not particularly in the spirit of what they are trying to achieve with the Bill. It is a continuation of the ethos of the previous Conservative Government. It even introduces through the back door certain aspects of the Illegal Migration Act that we are very keen to move on from. I hope that the Government reconsider this measure, and I will certainly be testing the Committee with a vote on the new clause. Question put , That the clause be read a Second time.

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Tenth sitting) · Hansard source

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  I wholeheartedly back the hon. Member for Woking’s new clause; I thought about tabling it myself, but he beat me to it. It is sensible and should be supported by the Committee—mainly because it is an utter waste that people with huge skills are languishing in hotels doing practically nothing all day. We host a number of asylum seekers and refugees in hotels in Perth, and I go and visit them. Can I just say to the hon. Member for Weald of Kent that Scotland more than has its share of the general number of asylum seekers across the United Kingdom? I do not know where she has got her figure from.

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Tenth sitting) · Hansard source

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  I rise in support of the new clauses, particularly new clause 18. There have been a number of references to ECAT throughout our proceedings. New clause 18 would give clarity and ensure that we are properly engaged in all the provisions of ECAT. It is designed to ensure that those caught up in human trafficking are protected, and that Governments do everything they possibly can to ensure that people are cared for and looked after. I fully support this important new clause.

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Tenth sitting) · Hansard source

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  I remember saying on Second Reading that this Government were carrying on in the vein of the Conservatives. Doing something so all-encompassing and denying as this is probably worse than what the Conservatives would ever produce. They did not conceive anything like this. They are capable of having the warped imagination that produced the Rwanda Bill, but they did not even come close to something like this. As well as being a privilege, surely British citizenship should be available. What the Government are doing with the change to the good character reference is denying all asylum seekers and refugees the slightest opportunity to become a British citizen, except in narrowly defined circumstances, as the Minister pointed out. What about all the things about cohesion, and giving people opportunities? I thought that was the British spirit. I am a British citizen. It is not a particular definition that I want to hold on to for much longer, but I am a British citizen. To me, it strikes me as just not British to deny a whole swathe of people in this country the right to achieve that status.

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Tenth sitting) · Hansard source

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  I trust everybody enjoyed the five-course banquet we had in the 20 minutes available to us. I apologise if I seemed to be unnecessarily detaining the Committee and depriving them of a good and solid lunch; we will make sure that that does not happen again, Dame Siobhain. It was with a gasp of astonishment that we learned of this Government’s intention to change the nationality good character requirement guidance—it came totally out of the blue. I think we are all still reeling a little bit, thinking about what this involves and what is at stake. It establishes a new standard that individuals who previously entered the UK illegally or without valid entry clearance, particularly in what is described as a “dangerous journey”, will now be refused citizenship. That is a huge departure from previous practice, where illegal entry was typically considered a barrier to citizenship only if it had occurred in the past 10 years. Regardless of how long a person has lived in the UK, their mode of entry could now be used to deny them the right to naturalise. This policy has been implemented without prior consultation or parliamentary scrutiny—it is going to get a little bit this afternoon, but that is only because we have brought the issue to this Committee—and that raises serious concerns about its fairness and legality. The majority of refugees arrive in the UK through irregular routes; safe and legal pathways remain extremely limited, as we learned in the previous debate. By effectively banning these individuals from citizenship, this policy risks permanently disenfranchising those who have sought protection in the UK and who have built their lives here. We already heard from the United Nations High Commissioner for Refugees, which wrote to the Committee to say that the decision to deny citizenship based on mode of entry contradicts the UK’s commitment under international law, particularly article 31 of the 1951 refugee convention. This article’s non-penalisation clause states: “The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.” The denial of citizenship based on how someone arrived in the UK is a clear penalty, which goes contrary to the convention. The UNHCR notes that it previously highlighted in its legal observation on the Illegal Migration Bill 2023 that restricting access to citizenship under section 31 to 35 of that Act would constitute a “penalty under Article 31 of the Refugee Convention and be in breach of that provision. It further stated that the provisions ran counter to Article 34 of the Refugee Convention and Article 32 of the 1954 Convention on Statelessness which requires States to ‘as far as possible facilitate the assimilation and naturalization of’ refugees and stateless people”. Despite the proposed repeal of these provisions, updates to the nationality good character requirement guidance issued in February 2025 appear to reintroduce similar barriers, further restricting pathways to citizenship for those affected. In addition, the policy change is likely to deter many from applying for citizenship altogether, given the high costs involved and the lack of an appeal process in case of refusal. Even if the guidance states that an exception may be made, which I am pretty certain is what the Minister will tell me, those who would be likely to obtain citizenship due to their personal circumstances will be deterred from applying. Currently, a naturalisation application costs £1,605, with an expected increase of £1,685. That financial burden, combined with the uncertainty surrounding the application process, creates significant barriers for refugees and stateless persons who would otherwise seek to integrate fully into British society. The application of the policy will go beyond individual applicants. Citizenship is a key factor in social integration, providing security, stability and full participation in civic life, including the right to vote in general elections. Without access to naturalisation, many individuals who have lived and worked in, and contributed to, the UK for years—if not decades—will remain in a precarious status. Although the Home Office guidance allows for some discretion in decision making, it provides no real criteria on how that discretion will be applied. The lack of transparency makes the process unpredictable and risks creating a system where citizenship decisions are inconsistent or arbitrary. The changes also highlight the broader issue of immigration law being shaped through administrative guidance rather than through democratic scrutiny, which is our role as parliamentarians in this House. By changing the interpretation of the statutory good character requirement without parliamentary oversight, the Home Office has effectively reinstated elements of the Illegal Migration Act 2023 that were meant to be scrapped through this Bill. The lack of accountability is deeply concerning. Granting citizenship is a key step in ending an individual’s status as a refugee or stateless person. It also benefits the host country by fostering economic, social and cultural integration while promoting social cohesion. Restricting access to citizenship undermines those objectives, and that is why I tabled this new clause.

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Tenth sitting) · Hansard source

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  I think the hon. Lady and I will have to trade these statistics privately, because the figure I have is 5,086 receiving support, and that is from the Office for National Statistics. That is where I got my figures.

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Tenth sitting) · Hansard source

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  No, I am not going into this. I know that we are testing Dame Siobhain’s patience, so we will discuss this privately and might come back to it at another date. As well as it being the right thing to do, this new clause would also let us use the skills available to us by giving people the opportunity for employment. The people I have met in some of the hotels in Perth have brought a whole range of skills that would be easily utilised by the community in which they are placed. It makes sense to take this change forward. In the new clause, the Liberal Democrats suggest that work should be available three months after an application is made. That might be a little bit generous. If I was drafting the amendment, I would go for the six months that has been generally agreed with the all-party groups. I think that what we have done is introduce this issue as a debate item, and I congratulate the hon. Member for Woking for that. It is something that should be seriously considered. There have been a number of questions at the Home Office about this and from a number of Members—not just from the Liberal Democrats and the Scottish National party but from Labour. I know that we have quite a compliant set of Labour MPs on this Committee, but a number of them have raised this in debates and in questions.

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Tenth sitting) · Hansard source

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  Of course, the hon. Gentleman would not expect me to have those statistics at my fingertips, so, as Ministers say, I will write to him to let him know how many people are in work in Scotland. But I say to him that we have the fastest-growing employment rates in the whole United Kingdom—something that he and I should be very proud about, given what has been created in our nation. He only needs to go and speak to some of the people in the care sectors in his constituency; they will tell him that they are crying out for available staff to come and fill the holes within their own sectors, as is the case in the health sector and in a number of others.

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Tenth sitting) · Hansard source

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  And there’s one of them!

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source

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  I want to ask one simple question: does the Minister remember the good old days, when we had freedom of movement across the continent?

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source

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  I have been listening very carefully to the hon. Gentleman, and I have been impressed by his contributions thus far in public, but it is utterly absurd and ridiculous to suggest that offering safe routes is somehow on a par with the Rwanda scheme. It disrespects the hon. Gentleman’s case to suggest there is any similarity about this. We are trying to ensure that the business model of the gangs will be smashed and tackled.

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source

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  I beg to move, That the clause be read a Second time.

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source

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  rose—

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source

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  I thought we were ready for lunch! I am ill prepared. This Committee has a strong work ethic—I am desperately trying to find my notes. The new clauses are practically the exact opposite of everything about this Bill. I am delighted, if quite surprised, that they have been selected for debate. As you would expect, Dame Siobhain, I am going to use the opportunity to promote this cause. Unlike everything about the Bill, the new clauses have at their heart the recognition of the value of immigration, how it is a benefit and why it is necessary to keep our communities and workforce healthy and sustainable. Scotland has an emerging demography and population crisis, and that is only going to get worse unless we do something about it. With our falling birth rate, we are reaching the stage where we have too few working-age people available to look after an ever-increasing older population. We are already experiencing issues and difficulties in the health service; the care service in Scotland is heading for a workforce crisis; and hospitality outlets and businesses are closing in rural constituencies like mine because they have not got the staff. The simple fact is that Scotland needs more working-age people to refresh our population. If we fail to secure the people we require, we will be in serious trouble. Scotland is not alone in this—we are just a little bit further along than some other nations. All over the world, advanced democracies are facing the same range of problems and are now positively addressing their own issues with a range of interventions that they hope might spare them the worst of the consequences. Ironically, the global population is still growing and it is uncertain when population growth will peak, but most predict it will come as early as the 2060s. When I heard that we had a demography professor as a witness in our evidence session, I was quite excited, given my interest in population and demography, but he seemed to be more interested in eugenics than global trends. I think we almost got him to confirm that almost all predictions show that we will soon be heading to population decline. Given his particular and weird worldview, I do not think he accepted even that. All reputable sources agree that the world population will soon peak and then fall rapidly. As population growth slows down, we are starting to see the difficulties occur. They will start to be felt in nations that experienced rapid growth in the 20th century, like the United Kingdom and most other European democracies. Already we see countries in Europe, such as Italy and Spain, starting to see the real difficulties of population stagnation. Even China is beginning to experience the wider impacts of population slowdown. Japan stands out as a stark example: it is not just at population stagnation, but population decline, which might see it fall from third in the GDP ranks to eighth, because of the impact on the economy. Far from being a burden, by the end of the century we might be in a situation where immigrants could be at a premium—a highly sought commodity. I am sure that is a prospect that would make our Reform colleagues’ heads explode, as well as those of some Conservatives. The conventional Westminster consensus view from both Labour and the Conservatives is that immigration is a burden—it is out of control and something that must be tackled and controlled. They might look at the general UK population trends and believe they validate the point. The UK population is currently 68.3 million. It is apparently going to grow by another 5 million to 72.5 million by the mid-2030s, then it is going to fall. But it is going to grow by that scale only because the Tories made such a hash of their mission to cut immigration that they inadvertently quadrupled it.

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source

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  I cannot let the hon. Gentleman get away with this, because it is utter and total bunkum. I ever so gently encourage him to look at the migration figures within the United Kingdom and at how many people are leaving Scotland and how many are coming from the rest of the UK to settle in Scotland. It is at a record high, and it is growing. We have never seen figures quite like this before. They are attracted to Scotland because we have a better health service, we have a better taxation system and there are more opportunities.

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source

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  I am a little disconcerted by this new clause. It is disappointing that it was introduced so late in proceedings; it should have been included in the Bill as presented on First Reading. Regardless of that, the new clause seems to fit a trend that I have detected with this Bill: there seems to be a cavalier attitude, approach and relationship with international obligations and some of our human rights commitments. Whereas I think everybody would accept that we want to target high-risk criminals and offenders, and the Government require the necessary powers to do that, they do admit that there are issues to do with the ECHR. I want to hear the Minister explain clearly what she means by high harm and risk. I think she has to give the Committee examples of the type of person who would fall foul of the new clause. Human rights protections are in place for really good reasons. They have been designed and concocted to ensure that people get the protections regardless of what they may have committed in the past. We muck about with them at our peril. All that this cavalier approach to human rights will do is encourage those who want to get rid of our international obligations and our human rights entirely. I am looking at my Conservative friends; this does nothing other than encourage them and push this Government to go further. We need to hear from the Government what they actually mean by the new clause. Given this watering-down of our commitments, we need to hear a real commitment from the Government that they stand by our international obligations and everything that is included in human rights for everybody we have a responsibility and obligation for.

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source

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  Absolutely. I think we are starting to get into territory where there is general agreement. With these amendments, we are asking the Government to look at what more they could do to achieve their clear objective of smashing the gangs. The gangs are successful and will adapt to whatever is put in their way by the Bill. These people know how to work this business. People have said it has only been going five years, but this business is developing at pace. They will amend their business model and practice to adapt to whatever the Government throw at them in the new criminalisation clauses. Their trade will probably get more lucrative as a response, so let us beat them. Let us take them on. Let us really spike their business model by offering an alternative way and means to secure entry to the UK so asylum can be claimed. All we are looking for is an opportunity to develop this and have a conversation.

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source

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  Dame Siobhain, we have to stop meeting like this. Amendment 20 is a rather simple amendment, and one that I hope the Minister takes seriously. Clause 53 has a massive and dramatic impact on Scottish legislation that has been passed under devolved powers by the Scottish Parliament. It says that the Secretary of State has the power to make regulations that are consequential on the Bill. Those regulations could, “in particular, amend, repeal or revoke any enactment passed or made before, or in the same Session as” the Bill. The power granted to the Secretary of State is overly broad, affecting all legislation passed by the Scottish Parliament and Scottish statutory instruments over the past 25 years. Importantly, that includes enactments in or made under an Act of the Scottish Parliament as well as similar legislation passed by the Senedd Cymru and the Northern Ireland Assembly. It is unreasonable that the Home Secretary could amend, repeal or revoke that body of law through regulations that bypass proper parliamentary scrutiny. Requiring consultations with Scottish Ministers before making those regulations is the bare minimum and could help to identify potential issues and prevent unintended consequences. The use of Henry VIII powers —or James VI powers, as we would prefer to call them in Scotland—is unconstrained and could have significant implications for the law in Scotland. For that reason, it is crucial that the Secretary of State consults with Scottish Ministers and with other devolved Administrations before moving forward with those regulations.