 Two of the Ay family while they were in Dungavel |
The Scottish Executive is coming under renewed pressure to take a stand over the detention of asylum seeking children. Opposition politicians are supporting a call by the Home Office's chief inspector of prisons for an end to children being held for long periods in immigration removal centres such as Dungavel in Lanarkshire.
But Scotland's First Minister Jack McConnell has again insisted that it is a matter for the Home Office, not the executive.
The plight of the Ays, a family of Turkish Kurds, has been the focal point of a campaign by politicians and church leaders.
They were deported to Germany last week after spending more than a year in Dungavel during which time the four children did not receive mainstream education.
However, devolution has created a conflict as immigration is a policy area "reserved" to Westminster while education is the remit of the Scottish Executive.
In her long-awaited report, the chief inspector of prisons, Anne Owers, states: "The detention of children should be an exceptional measure and should not exceed a very short period - no more than a matter of days."
 | The people of Scotland will not rest until this national shame is dealt with  |
On a visit to a factory in Wishaw, Mr McConnell was asked to respond to Ms Owers' report. He denied being out of step with public opinion in his refusal to condemn the policy of detaining children and repeated his view that responsibility lies with the Home Office.
"I would be very angry if UK Government ministers like David Blunkett or others came here to this Remploy factory and told me what to do about education and training in Scotland," he said.
"They don't do that and I don't interfere in their responsibilities. That's a mutual respect, so it's good for devolution, good for Scotland and good for Britain."
The Scottish National Party's education and children spokeswoman, Fiona Hyslop, is writing to Education Minister Peter Peacock asking him and the executive to take responsibility for children's welfare when they are in Scotland.
"This must include education provision at the Dungavel detention centre," she said.
 Detainees are kept in by barbed wire at Dungavel |
"The HMI report states that children detained there for longer than two weeks are missing out on personal, social and learning experiences and the minister must step in to ensure that this practice does not continue. "The welfare of children should take precedence over the Home Office's jailing and detention of innocent young people.
"The people of Scotland will not rest until this national shame is dealt with."
BBC Scotland political correspondent Glenn Campbell said executive ministers wanted to avoid trouble.
"They don't want to get involved in something which ultimately they can't decide upon and secondly they don't want to be seen to step on toes and create a cross-border row," he commented.
'Simply unacceptable'
The Scottish Socialist Party MSP, Rosie Kane, alleged that publication of Ms Owers' report had been delayed until after the Ay family had been deported.
The claim has been dismissed by Ms Owers.
The Scottish Refugee Council (SRC) said that it fully supported the recommendations made Ms Owers.
Sally Daghlian, chief executive of the SRC said: "The government should end this practice immediately and bring Scotland in line with the rest of the UK and with international norms.
"It is simply unacceptable that in the 21st century Britain the government feels it is appropriate to deprive children of their freedom in this way."