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SNP challenges First Minister to arrest Home Office officials Print E-mail
Wednesday, 21 March 2007

The First Minister was today challenged to instruct the Lord Advocate to pursue Home Office Immigration Officers for breach of the peace if any further asylum removals take place involving children, following a landmark ruling in the House of Lords yesterday.

Christine Grahame, the SNP’s social justice spokeswoman, raised the issue during First Minister’s Question Time, saying: “The landmark ruling [Huang Vs Secretary of State for the Home Department] made yesterday in the House of Lords allows Scottish Ministers to act and intervene to stop the draconian removal of children, many of whom have lived peacefully in Scotland for years.

“The senior legal advice I have obtained following this ruling would allow for Chief Constables, under guidance from the Lord Advocate, to arrest and charge Home Office immigration officials for breach of the peace for the forced removal of children, a practice which is in breach of their human rights as well as their rights under Scots law.”

Grahame said that ministers could no longer hide behind the claim that immigration is purely reserved to Westminster.  “They have a duty and obligation, both moral and legal, to act in the interests of children who are dragged from their beds in the middle of the night by immigration officials dressed in black body armour.

“There is now also a clear locus for social work to be involved and take children into care where Home Office officials attempt to remove and deport them, causing them untold psychological distress.”

Yesterday Education Minister Hugh Henry, in a letter to Holyrood committee conveners, said he would urge the Home Office to adopt a "sensible and pragmatic" approach to failed asylum seeker cases involving children.

Henry said: "This 'legacy review' here in Scotland will involve a reassessment by Home Office staff of around 1,100 cases to determine whether those seeking asylum are able to stay. Many of the children involved were born here or are well integrated into and contribute positively within local schools and communities.”

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