Immigration Detention (Victims of Torture)
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The Minister for Immigration (Caroline Nokes)
It is, of course, a pleasure to serve under your chairmanship, Mr Sharma.
I commend the right hon. Member for Enfield North (Joan Ryan) for securing this debate on the immigration detention of victims of torture and other vulnerable individuals. As many Members will know, the right hon. Lady has been absolutely diligent on this issue. Of course, we have heard several times mention of the debate that she secured last week, having prayed against the two statutory instruments, which, to a large extent, provoked this discussion today.
I thank Members for their contributions to the debate, but I pay particular tribute to the expertise and knowledge of the hon. Members for Birmingham, Yardley (Jess Phillips) and for Stretford and Urmston (Kate Green). I certainly recognise their wealth of knowledge and the opportunities that they often provide to—for want of a better phrase—pick their brains and find common ground. That is important when we are discussing sensitive issues. We should find common ground when it is there to be found. I know that there will be many areas where we disagree, and I will undoubtedly cover them in due course, but it is imperative that when Members from across the House have expertise and knowledge, we seek to use it and learn from it.
There was certainly no intention in last week’s statutory instruments to make matters worse for vulnerable individuals and victims of torture, but I come back time and again to the judgment of October last year, which clearly gave us guidance and a steer that we needed to take action within a reasonable timescale to make our definition clearer. We have discussed the timing of the statutory instruments, but I go back to this point: we are duty bound as a Government to act within a reasonable timescale, and the judgment indicated we should do so.
I was concerned that if we waited for the Shaw re-review to come out, we would lose the opportunity to lay the SIs before the summer recess and that they would then not be laid until the autumn, potentially coming into effect more than a year after the judgment. In making his judgment, Mr Justice Ouseley had the benefit of the expert witnesses of Medical Justice, among others. He made it very clear that we as a Government had to act.
Joan Ryan
The Minister is being very generous, as she was in Committee. Did she give any consideration to simply going back to the definition that we had prior to the adults at risk policy, while we waited for the Shaw review? It was surely in her gift or that of her officials to talk to Stephen Shaw and ascertain roughly when the re-review might be available. Clearly he was very close to making it available. We could have taken a step back from the 2016 adults at risk policy, and then found ourselves with the Shaw re-review and in a position to do a full review to bring forward a policy that could command the support of the expert groups.
Caroline Nokes
I thank the right hon. Lady for her intervention. I want to address briefly some issues of timing and whether the most desirable outcome would be to seek to turn the clock back. I think she almost commenced some of her commentary this afternoon with a discussion of how the Shaw review occurred. We received his first review in 2016. It was started because previous policies were not working. We should accept his expertise and recommendations and learn from them.
I am not going to say this afternoon that I think the adults at risk policy is perfect. I regard it very much as a work in progress—something that we will seek to improve, adapt and amend. Do I at this point seek to turn the clock back? No, I do not. The right hon. Lady must wait for the publication of the review and the response we intend to make. I intend it to be very full and to provide as much information as possible, taking on board Stephen Shaw’s recommendations and ensuring that we make our detention policies better. I said last week and reiterate this afternoon that we will update our detention centre rules in the second half of this year. That gives us an opportunity to look at many of the issues that have been raised this afternoon.
Members will know—it has been alluded to this afternoon—that 95% of those who are here without the right to be so are in the community. Some 5% will be in detention at any one time. I am determined, and have been since I came in as Minister, to look at the alternatives to detention. We do so constantly. We can all understand that being in detention puts stress on individuals. For those who are vulnerable, those stresses will be exacerbated, and we have seen the evidence that indicates that. It is important, however, that we accept that it is Government policy that for those who have no right to be here and for whom alternatives to detention have not succeeded, may not succeed or may not be appropriate, there will remain a place for detention within our immigration system. It is important that we recognise that it is only when there is a realistic chance of removal within a reasonable timescale that individuals will be considered for detention, including by the new detention gatekeeper that was introduced post-2016 and post-Shaw. We should acknowledge that the detention estate has reduced. I have an ambition to continue to see it reduce, because that is absolutely the right direction of travel.
I reject the right hon. Lady’s suggestion that there is targeting of victims, and I reject the phrase “low-hanging fruit”. That is not a term I recognise or would use, but I know we can do better. One hears with absolute horror the case studies that she identifies and highlights so properly to us this afternoon. We must ensure we are not putting individuals who have been the victims of domestic violence at further risk. She has been diligent in her determination to reinforce that message to me.
We have also heard of the horrendous—I think that is the only word I can use—instances at Brook House. As a new Immigration Minister, the “Panorama” programme made extremely unhappy viewing. My private office provided me with the link and told me to go home that night and watch it. We have the Lampard review in place, and we have the reviews that are carried out in every immigration removal centre by the independent monitoring boards. I have been pleased to meet members of the monitoring boards and receive their reports. They are an important tool in understanding where we are getting things wrong and how we can do things better.
We will review the detention centre rules in the second half of this year, and I regard that as an important opportunity that we must seize. As Members will know, the Government work hard to encourage individuals to comply with our immigration rules and support those with no right to remain to leave voluntarily. A minority of individuals refuse to comply, and detention can then become a necessary tool for enforcing return.
Like the right hon. Lady, I would prefer that we did not have to use detention, but when people do not leave voluntarily, have no right to be here and frustrate attempts to seek their return from this country, we must use it. It is used sparingly, however, and we operate a strong presumption in favour of not detaining. Of those people with no lawful basis to stay in the UK and who are liable to removal, 95% are managed in the community at any one time.
For every individual who is detained, there must be a realistic prospect of removal within a reasonable timescale. In each case, we expect those making detention decisions to consider the likely duration of detention necessary to effect removal. The majority are held for short periods. Some 91% of those leaving detention in the year ending March 2018 were detained for less than four months, and 64% were detained for 28 days or less. Their welfare is of the utmost importance to the Home Office.
Where it is necessary to detain people to remove them, a number of safeguards are in place including the presence of healthcare staff in all immigration removal centres and residential short-term holding facilities; a comprehensive suite of published guidance and operating procedures to govern conditions in the centres and support the wellbeing of detainees; regular reviews of detention by increasingly senior officers to ensure that detention remains appropriate and to drive forward case progression; and independent judicial oversight of immigration detention.
The adults at risk policy implemented in September 2016 provides a further vital safeguard and was a key part of our response to Stephen Shaw’s review of the welfare of vulnerable people in immigration detention, which was commissioned by the Prime Minister when she was Home Secretary. Under the adults at risk policy, vulnerable people are detained or their detention continued only when the immigration considerations in their case outweigh the evidence of vulnerability. Detention decisions are made on the basis of all the available evidence. Cases are reviewed not only at regular intervals, but whenever new evidence comes to light.
As I mentioned a few moments ago, we were all deeply shocked by the events shown in the BBC’s “Panorama” programme about Brook House. The centre operator took swift action in response, suspending and then dismissing a number of members of staff, and, as I said, Kate Lampard has been commissioned to conduct an independent review.
The national referral mechanism is the existing process by which people in the UK who may have been trafficked, or people in England or Wales who may be the victims of slavery, servitude or forced or compulsory labour, can be identified and supported by the Government or other agencies. In addition, detention centre rules 34 and 35 help us to identify vulnerable victims.
The right hon. Member for Enfield North asked a very specific question about how many individuals are categorised as level 1, 2 or 3 under the adults at risk policy. I will write to her separately with the management information, but I want to put it on record that we are considering publishing that information as part of our response to Shaw. The adults at risk policy seeks to strike a balance between the risk of harm to the individual from detention and the immigration factors in their particular case. That is both sensible and reasonable, and ensures that those who are most vulnerable, and therefore most at risk of harm from detention, are not detained unless the immigration factors outweigh that risk. I believe that that is a proportionate approach, and if people are detained their welfare is, of course, of the utmost concern, including ensuring that the period of detention is as short as possible.
Joan Ryan
Stretford and Urmston. Streatham is not very far away, is it? You would think, with my accent, I would have been able to get that right—I do apologise.
My hon. Friend talked about 56% of people being released back into the community. There clearly is a problem. It is not as the Minister says. I do not understand what confidence we can have if she cannot take account of that. Will she also confirm that the Shaw re-review will be published later this month?
Caroline Nokes
That is an important point about proportionality and the numbers who are released from immigration detention. We use detention to ensure that people who have no right to be here are returned to their home country. However, it is important that when additional information emerges and people demonstrate vulnerability, there is constant review. They can ask at any moment for consideration of immigration bail. That will be automatic after four months and every month thereafter. I accept that we do not make correct decisions all the time. I welcome the fact that when evidence emerges of vulnerability or of another reason it is inappropriate for somebody to be in detention, we are happy for them to be released into the community and for their case to be managed in a better way than detention.
Kate Green
The Minister might not have the information before her, but I wonder whether she could write to advise me of the frequency of people being taken into detention, released and then taken back into detention, and the reasons for that. She suggests that new information might come to light and people’s vulnerability may change over time. I accept that, but I would like a better understanding of the degree of churn in the system. That constant uncertainty, and the sense that even when they are returned to the community they might end up back in detention, is extremely damaging to vulnerable people.
Caroline Nokes
As I would expect, the hon. Lady makes an important and concerning point about churn. We all share that concern, because we want to have effective immigration policies, not churn. As I said, it is right that when vulnerabilities are demonstrated people are released, and that their immigration bail can be considered on request at any time. I will certainly write to her with the information she seeks.
The Shaw review became available to me at the end of April, which was later than I had anticipated, albeit not by much. We are working very hard on our response. We will publish that as soon as possible, but I want it to be thorough. It is important that the Government’s response is as full as possible, taking on board, understanding and showing action on the recommendations that Shaw has made.
Afzal Khan
Listening to the Minister, I am struggling. The simple point is that she has said, even today, that detention is a last resort. We know from the facts that the majority of people are released back into the community. Does that not prove that the system is not fit and that something needs to be done?
Caroline Nokes
The hon. Gentleman needs to reflect on the fact that 95% of those who have no right to be here are in the community. A small proportion are in detention, but it is absolutely right that when those who have gone into detention provide us with additional information towards their potential asylum claim, we reflect on that, and that we enable people to be released from detention when they should not be there. I do not accept his premise that the system does not work, and I hope that he might accept that there is a place for immigration detention.
Caroline Nokes
I am sorry; I wish to conclude my remarks very shortly.
I reassure hon. Members that we are absolutely committed to the welfare of detainees, and specifically to protecting victims of torture and other vulnerable people in immigration detention. I am clear that those aims are important to us and not incompatible. It is to those complementary ends that we are now implementing the judgment that the court set down clearly in October, and we shall seek to do so within a reasonable timescale.