Part of 2. Cwestiynau i'r Cwnsler Cyffredinol a Gweinidog y Cyfansoddiad – Senedd Cymru am 2:47 pm ar 29 Mawrth 2023.
Thank you for the question, and, again, I endorse the comments that were made by my colleague the Minister for Social Justice on this specifically earlier. The UK Government provided the draft Bill to Welsh Government on 6 March 2023, the afternoon before it was introduced in the House of Commons. Disappointingly, no prior notification was given of the Bill's content.
I can probably best answer the point you raised by saying, yes, I think there's a clear majority in this Senedd that fully support and endorse the comments you made. The starting point, of course, is that the Bill is non-compliant with the European convention on human rights and is almost certainly in breach of the UN convention on refugees. Those are matters of considerable significance, because I could not imagine why any parliamentarian would sign up to a piece of legislation, or endorse a piece of legislation, that was, effectively, unlawful. Unfortunately, we have seen too many occasions at UK Government level where there has been a majority of Members of Parliament prepared to support unlawful legislation in their own Parliament. That is something of deep, deep concern.
I might refer to three comments that have been made that deal with the point you raised. Beth Gardiner-Smith, the chief executive officer at Safe Passage International, a third sector organisation, said,
'The Government’s plans are not only morally bankrupt, they are completely unworkable and will not stop refugees from risking their lives to seek safety here. This is more of the same failed approach', and called on the Government to
'focus on opening safe routes for refugees'.
That's a point, of course, that was raised by the shadow Minister today and, indeed, yesterday in the House of Commons, by Yvette Cooper, who said,
'After 13 years of failure, today's figures underline the shocking mess the Conservatives have made of the asylum system.'
She said,
'The Home Office is still taking a third fewer decisions each year than it was seven years ago and they have let the backlog rise by another 60% to a record breaking...160,000'.
The state of incompetence at Westminster level has really now resulted in a knee-jerk response, which is, again, to play the race card. If you think those quotes are partisan and unfair, well, let's refer to what recently Theresa May, a former Conservative Prime Minister, said. She said,
'My fear with this Illegal Migration Bill is that it will drive a coach and horses through the Modern Slavery Act, denying support to those who have been exploited and enslaved and, in doing so, making it much harder to catch and stop the traffickers and slave drivers.'
I think the UK Government must realise that their legislation is not only unlawful, I think they must recognise that it is also something that will not deliver what it proposes to deliver or solve the challenges that they have identified. You have to ask the question, then, politically: why have they raised this Bill in this particular way, with all the surrounding social media around it? The only conclusion I can come to is that it is playing a race card in a period where you have a UK Government that is desperate with a potential upcoming general election.