McConnell attacked over asylum claim

• Home Office denies agreeing to 'Scottish rules' on asylum seeker removals

• Executive insists new rules have been agreed with UK government

• Green party accuses First Minister of misleading parliament

Key quote

"We do not want special arrangements around different parts of the UK to deliver the same sort of process. That does not make sense" - Home Office insider

Story in full JACK McConnell suffered a humiliating setback yesterday when claims that he had paved the way for a special Scottish "protocol" with Westminster over asylum seekers were rubbished by the Home Office.

The First Minister has told the Scottish Parliament on several occasions that he has been working on a "protocol" with the Home Office to prevent the harsh treatment of failed asylum seekers when they are forcibly evicted from Scotland.

Asylum seekers are handled solely by the Home Office and, on one occasion, Mr McConnell even told MSPs that Charles Clarke, the Home Secretary, had agreed with him that a new framework was needed north of the Border and was working to put one in place.

But Mr McConnell's claims appeared to have been dismissed yesterday when senior Home Office sources insisted that there was never a chance of such a protocol being established and there was no way the UK government would contemplate such a move.

One senior source said: "There is not a protocol. A protocol would be a two-way process. Why would we do that?"

The insider added that Home Office officials would listen to "advice" from others - including the Scottish Executive - but made it clear that there was no chance of any sort of agreement to formalise changes in the system, as the First Minister wants.

Asked whether the Home Office would ever seek to establish different rules on asylum seekers in different parts of the UK, the insider replied: "We do not want special arrangements around different parts of the UK to deliver the same sort of process. That does not make sense."

The issue of so-called "dawn raids" by immigration officers to forcibly evict failed asylum seekers has become a politically sensitive one in Scotland.

And opposition politicians seized on the Home Office disclosure to demand that Mr McConnell come before parliament at the earliest opportunity to explain what is going on.

The Greens, who have been vocal in their condemnation of the forced eviction of asylum seekers, went further and accused Mr McConnell of misleading parliament.

Mr McConnell was out of the country yesterday but his aides launched a damage-limitation exercise last night in an attempt to try to save the situation.

However, it was impossible for Mr McConnell's advisers to head off the full effects of what has turned into one of the most damaging rows about the First Minister's relations with London. It is now clear that there is a major difference in approach between the two administrations. Mr McConnell wants a new, formal agreement, establishing new rules for the treatment of asylum seekers and the Home Office sees no reason for any such change.

The row has brought into sharp focus the limitations that Mr McConnell faces when he deals with London and the problems that arise when there is a cross-over between devolved and reserved issues.

The First Minister's advisers insisted last night that ministers had reached an agreement in principle with UK ministers to change the way asylum seekers are treated, following the Mr McConnell's intervention, and Home Office civil servants were to blame for yesterday's confusion because they did not know what was going on.

A spokesman for Mr McConnell insisted that changes would be made across the whole of the UK and the agreement would be published "when the tees are crossed and it would be better for the children of asylum seekers when it is".

Tony McNulty, the UK Immigration Minister, who has already clashed with the Scottish Executive on this issue, is due in Scotland tomorrow and he also hurriedly issued a statement last night to try to avoid the appearance of a major rift with Holyrood.

He said: "We have had a series of constructive discussions with the Scottish Executive about involving social work and education services in advance of removing failed asylum seekers where children are involved.

"Those discussions are ongoing. As we have always made clear, any changes we may make would be UK-wide. The Home Secretary has made this clear in discussions with the First Minister."

But this was not enough for opposition MSPs, many of whom have pushed the First Minister in the past on this issue only to be told that a "protocol" was being thrashed out with London.

Patrick Harvie, a Green MSP, said: "Misleading parliament and the Scottish public is serious in itself - but to do so on the issue of children's welfare and children's rights is completely unacceptable."

Annabel Goldie, the Scottish Tory leader, called on Mr McConnell to clarify the situation and said: "What today's development shows loud and clear is that the First Minister has no status, no stature and no authority with his colleagues in Westminster."

Nicola Sturgeon, the SNP's Holyrood leader, also called for a statement to parliament from the First Minister.