 Devolution has caused some problems for London and Edinburgh |
The report by the chief inspector of prisons on Dungavel has again highlighted a tension caused by devolution. Immigration is a policy area "reserved" to Westminster and is administered by the Home Office.
Education, however, is the responsibility of the Scottish Executive.
The two overlap at Dungavel, the former prison turned "immigration removal centre" in south Lanarkshire where failed asylum seekers are held.
Anne Owers' report expresses concern at the long-term detention of children in such centres.
During the controversy over the deportation last week of Yurdugal Ay and her four children, the Scottish Executive came under pressure to support the case for an end to children being held at Dungavel.
Michael Connarty, the Labour MP for Falkirk East, accused the executive of "ducking its moral responsibility" over the poor provision of education in the centre.
 | The responsibility... lies squarely with the Home Office but those who stand by and do nothing while this crime against children is committed are equally guilty  |
One daily newspaper asked each minister to comment on the issue. None was prepared to do so. Answering Mr Connarty's assertions, an executive spokesman said: "The Home Office runs reception centres like Dungavel and it is for the Home Office to make suitable arrangements for services such as education."
In response to Anne Owers' report, Home Office minister Hazel Blears said: "The inspectorate has raised concerns about the detention of families with children, especially where detention lasts for more than a couple of weeks.
"It is regrettable that any families with children have to be detained at all, but it is sadly the actions of the adults in the family that make this necessary.
"It is not typical for families to be detained for a long period of time. Those that are have often strung out the appeals process and have exhausted all legal right to remain in this country.
'Respect and decency'
"Immigration removal centres are an essential part of effective immigration control - helping us to remove those with no legal right to be in the UK.
"The government is committed to ensuring that while they are detained, people are treated with respect and decency.
"I therefore welcome the inspectorate's conclusion that Dungavel provides a safe and positive environment for detainees and its praise for the staff at the centre.
"We will consider the report and recommendations carefully and will respond in due course."
 Dungavel retains the air of a prison |
The Scottish National Party has long been critical of Dungavel and has repeated its call for action based on Ms Owers' report. Its social justice spokeswoman in the Scottish Parliament, Shona Robison MSP, urged the executive to "act in accordance with its own legal and moral responsibilities and challenge the treatment of Dungavel children".
"The responsibility for this inhuman action lies squarely with the Home Office but those who stand by and do nothing while this crime against children is committed are equally guilty," she declared.
Annabel Ewing MP, the party's social security spokeswoman at Westminster, said: "The Home Office are guilty of appalling treatment of innocent children, including depriving the Ay children and others of proper educational opportunities.
"This involves substantial areas of policy that are devolved to the Scottish Parliament such as education which is why responsibility for Dungavel should be transferred from the Home Office to the Scots (sic) Parliament and executive."