SCOTRAIL drivers and CalMac captains could be forced to become enforcers of the UK Government’s “asylum ban” plans, The National can reveal.
The UK Government’s Illegal Migration Bill makes it a criminal offence for public transport workers not to co-operate with orders to “restrain and detain” migrants.
The Scottish Government has expressed concerns the bill could trample over devolved areas of the law but it is not known whether they have specifically discussed the new obligations the bill would put on transport workers.
Kenny MacAskill, the Alba MP for East Lothian and a former justice secretary, has raised concerns transport workers in Scotland could face criminal sanctions if they failed to enforce the law.
He told The National: “There is huge concern about the provisions of this bill which amounts to an effective ban on the internationally recognised right to asylum which quite rightly is enshrined in both domestic and international law.
READ MORE: Illegal Migration Bill ‘risks breaching international obligations’, says EHRC
“One of the specific issues which have been raised by the RMT is that government amendments 86 and 90 would involve transport workers in potentially implementing the detention and removal provisions of the bill.
“It is wholly unacceptable that transport workers who operate our rail and maritime services, many of whom work in the public sector for companies owned and funded by the Scottish Government, could face criminal sanctions for failing to restrain and detain people seeking asylum.
“These are not Scotland’s values or those of the vast majority of decent people south of the Border.
“The only way Scots can free ourselves from the far-right, anti-foreigner, dog-whistle politics of Suella Braverman and the proponents of this bill is with independence.”
The Government amendments MacAskill referenced refer to provisions the bill makes for the removal and detention of migrants on ships, aircrafts, trains and other vehicles.
Amendment 90 seeks to make a specific criminal offence relating to the failure “without reasonable excuse” of transport workers to assist with the deportation of a migrant from the UK “when required to do so”.
MacAskill's concerns were mirrored in a briefing paper for politicians prepared by the Trades Union Congress.
READ MORE: Suella Braverman accuses European Human Rights Court of 'undermining' UK democracy
It said: “Transport workers (pilots, captains, train drivers, lorry drivers) could be required, by an immigration officer, to restrain and detain asylum seekers.”
MPs will vote on the bill on Wednesday evening, and it is expected the law will pass despite some warnings from Tory MPs on the bill removing protections for human trafficking victims.
Speaking to the bill on Wednesday ahead of a debate, immigration minister Robert Jenrick said: "The vast majority of those individuals coming on small boats are coming from an obvious place of safety in France with a fully functioning asylum system, so they’re choosing to make that additional crossing.
“They are essentially asylum shoppers, even if they ultimately came from a place of danger and they’re doing that because they believe the UK is a better place for them to make their claim and to build a future.”
The Scottish Government was approached for comment.
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