12. Legislative Consent Motion on the Nationality and Borders Bill

Part of the debate – in the Senedd at 5:52 pm on 15 February 2022.

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Photo of Jane Hutt Jane Hutt Labour 5:52, 15 February 2022

Diolch yn fawr, Llywydd. Can I thank Members for their powerful contributions to this very important debate this afternoon? I'll start by thanking the Chairs of the committees—the Chairs of the Health and Social Care Committee and the Children, Young People, and Education Committee—for the thorough way that they have examined the evidence and have considered my views and perspective, and also consulted widely and thoroughly to come to the views that they have, and, of course, the majority support my view that we should withhold consent to these deeply damaging clauses in this Bill.

I do thank the Children, Young People, and Education Committee and the Chair, Jayne Bryant, for again being able to share with us today some of the views that have come back as a result of that consultation. I indeed myself met with the Welsh Refugee Coalition. It's interesting as well to hear those views that have been expressed and come to us as Members on nation of sanctuary. Sioned Williams met with those people of Swansea who were expressing their concern. That concern has been expressed across Wales, and, as Joyce Watson has said, this is so serious in terms of the children who have been so traumatised to come to seek that sanctuary with us.

I'm very proud that we're very clear in our programme for government—and I quote from our programme for government—that we are committed to

'Continue to support and uphold the rights of unaccompanied asylum-seeking children'. 

We continue to uphold those rights and entitlements, and that's why we must stand together today and be very clear in our response to the UK Government, because we are proud to take a 'child first, migrant second' approach, which upholds the best interests, rights and entitlements to providing care and support to children in Wales, and any—any—policy proposal that appears to diminish the statutory position—it's a statutory position that we hold in Wales—is not one that we should support.

I think it is important to recognise, as I've said, that in Wales we treat all unaccompanied asylum-seeker children as looked-after children. And we must repeat that, again: this is what we've agreed to in this Senedd in line with Part 6 of the Social Services and Well-being (Wales) Act 2014, because the Act does provide for a range of assessment functions, and we treat the assessment of age as part of the 'what matters' assessment functions provided in the Act, and all social services functions are fully devolved to the Welsh Government. All social services functions. That's why this is so critical.

And just also, finally on this point, to reflect with Members that we have an extant policy on the use of medical reports in age assessments. In summary, this is a toolkit. It says, about scientific methods of age assessment:

'This Toolkit does not recommend or support the use of medical examinations as determinants of age. The science underpinning the determining of age is inconclusive, unclear and in any event, subjecting young people to invasive medical examinations is judged to be morally wrong.'

So, as we conclude this debate today, Llywydd, I have to say again and repeat that this UK Government Bill clearly makes provision within the devolved competence of the Senedd. I thank the Chair of the Legislation, Justice and Constitution Committee for his contribution today, because I will be following up the points I made in his letter. I think this is a critical issue in terms of respecting our devolved competence and what we have agreed through legislation here in Wales, upholding the rights of a child in line with the UN Convention on the Rights of the Child. So, this Government Bill clearly does make provision within the devolved competence. We are responsible for social services, and it is, therefore, very clear today that we, as a Senedd, must withhold consent to these provisions being included in the Bill.

I would finally say, summing up again what Jayne Bryant and other Members have said, that children's rights must be at the heart of all we do, at the heart of our considerations this afternoon, for all Members. Diolch yn fawr.