Select committee: Constitution Committee
Recommendation 49
16th Report - Illegal Migration Bill
Published 19 May 2023
Constitution Committee Illegal Migration Bill All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Recommendation (the committee's words)
We recommend that the House seek further information from the Government on the steps it has taken to agree an appropriate approach to the treatment of unaccompanied children across the United Kingdom. Delegated powers
From: Constitution Committee, 16th Report - Illegal Migration Bill, 19 May 2023
Government response
The government responded to the whole report on 6 July 2023.
Summary written by Accountability Index from the government's response. It is not the government's own words.The Government responds to the Constitution Committee's report on the Illegal Migration Bill by defending most of the Bill's provisions, while tabling amendments to widen suspensive claims and accepting that placeholder clauses should only be used "in exceptional circumstances".
- On judicial review and executive power, the Government "does not accept" that the Bill "provides an unusual degree of power to the executive"; it says the Bill provides for challenges to be non-suspensive and for judicial supervision through the suspensive claims process.
- On suspensive claims, it has tabled amendments to replace "factual suspensive claims" with a "removal conditions suspensive claim", and "intends to provide guidance" for decision makers on when the claim period can be extended.
- On delegated powers and human rights, it considers the affirmative procedure for clause 39 and the negative procedure for clause 56 appropriate, and is "not persuaded of the case for statutory guidance" on compatible implementation.
- On devolution, it says it would not be "necessary or appropriate" for the clause 19 and 23 powers to require devolved consent, but will continue engagement, including consulting on regulations under clause 19 on unaccompanied children.