Skip to main content

Language: English / GĂ idhlig

Loading…

Chamber and committees

Impact of the 2016 Immigration Act

  • Submitted by: Kenneth Gibson, Cunninghame North, Scottish National Party.
  • Date lodged: Tuesday, 29 November 2016
  • Motion reference: S5M-02817

That the Parliament notes with concern that the Immigration Act 2016 comes into effect on 1 December 2016; understands that this will require people who apply for, or renew, a taxi licence with local authorities across the UK to provide evidence of their right to work in the country, even if they were born here; believes that, for the first time, the legislation will make illegal working a criminal offence in its own right, which could lead to a maximum custodial sentence of six months and/or a fine and, in so doing, making wages paid to illegal workers recoverable from them under the Proceeds of Crime Act 2002; considers incarcerating people or taking away money that they have worked for to be counterproductive to the wellbeing of some of the most vulnerable people in society; believes that the legislation will impose a huge administrative and financial burden on local authorities across Scotland and will be neither effective nor beneficial as those who work illegally would be unlikely to apply for licences and that, regardless, local authorities already had the discretionary right to request identification from licence applicants; anticipates that the policy will become more unworkable if EU citizens living in the UK find themselves to have an illegal status as a consequence of what it sees as the botched Brexit negotiations; believes this to be a potential scenario in light of the UK Government’s refusal to grant resident EU citizens the right to remain; regards the implementation of the Act to be another form of instilling fear, discomfort and friction among people born in the UK as well as those who were not; understands that this legislation will introduce only the first in a procession of licences that will require workers to justify their immigration status, with alcohol and premises' licences to follow; recalls that the passing of the Act was followed by the Home Secretary's announcement at the Conservative Party Conference in October 2016 that companies should be made to disclose how many foreign workers they employ; is concerned that the UK Government, in implementing this, has entered what it sees as a slippery slope of acting out a divisive and damaging agenda, entirely opposite to the spirit of inclusion that it believes exists in Scotland, and urges it to reconsider those parts of the Immigration Act 2016 that are not aimed at those who exploit illegal workers.


Supported by: Clare Adamson, John Finnie, Christine Grahame, Patrick Harvie, Clare Haughey, Richard Lyle, Ivan McKee, Christina McKelvie, Stuart McMillan, Gil Paterson, Ash Regan, Maree Todd, David Torrance, Sandra White