Immigration Bill

Debate between Baroness Hamwee and Lord Trefgarne

Tuesday 26th April 2016 Lords Chamber

[Baroness Hamwee]

My Lords, I very much support the noble Lord, Lord Ramsbotham, in his Motion and I hope noble Lords will accept that the fact that I do not repeat or expand on what he has said does not in any way reduce my enthusiasm for it.

A duty to consider bail is certainly welcome, compared with the current situation, but it is second best by some distance. But the automatic reference is to be only after six months. My Amendment 84B, proposed in Motion C2, has an awful lot of words but only two words that are different from the Government’s amendment; that is, it changes “six months” to “56 days”, which noble Lords will readily appreciate is twice 28 days—another of the olive branches coming from this part of the Chamber.

Rather than taking the time of the House to discuss the concerns about immigration detention that your Lordships have heard from me on previous occasions, I will quote a little from the report of the all-party group of which I, the noble Lord and the noble Baroness were members. The then Chief Inspector of Prisons, Nick Hardwick, was quoted with regard to his concerns about the way in which reviews were carried out. He said that,

“reviews that happen, if they do happen, are often cursory, and … the requirement that there should be a reasonable prospect of someone actually being removed if they’re going to be detained isn’t met. And an example of that is that at least a third, and getting on for half, of all detainees are released back into the community. And this poses the question: if they’re suitable to be released back into the community at that point, why do they need to be detained in the first place?”.

The report went on to say:

“This echoed a finding of the joint thematic review of immigration detention casework carried out by Nick Hardwick and John Vine, the then Chief Inspector of Borders and Immigration. In their report they say: ‘There was inconsistent adherence by case owners to the Hardial Singh principles that removal of detained people must occur within a “reasonable period”. Many monthly progress reports appeared to have been provided as a matter of bureaucratic procedure rather than as a genuine summary of progress, and some detainees found them difficult to understand’”.

Judicial oversight is a different animal from internal progress reports and it is important. That is why I would want to see automatic judicial oversight at a much shorter point than six months, for the reasons that the noble Lord, Lord Ramsbotham, gave in moving his amendment.

Turning to the guidance with regard to vulnerable people, Stephen Shaw’s report is very thorough and long. I continue to be concerned that if the guidance on the detention of vulnerable people, which we already have, did not work well last month or last year, will it work well next year?

Noble Lords may have received briefings from the organisation Freedom from Torture, which was then the Medical Foundation for the Care of Victims of Torture. I would like to put the questions which it has posed to the Minister. That organisation, along with the Helen Bamber Foundation and other organisations, have arrangements in place with the Home Office for the assessment of certain persons claiming asylum. Can the Minister confirm, first, whether the safeguard requiring the release from detained asylum processes of those accepted for assessment by those organisations for their medico-legal report services will be continued? Secondly, and quite obviously, can he confirm whether those two organisations and other relevant organisations will be consulted during the development of the adults at risk policy?

[Lord Trefgarne (Con)]

The noble Baroness is quoting at length from documents which none of us has seen elsewhere. She and the noble Baroness, Lady Lister, have also been quoting at length arguments which have been repeated ad nauseam in this House and in the other place. May I express the hope that she will shortly bring her remarks to a conclusion?

[Baroness Hamwee]

My Lords, the questions that I asked were put to me this morning. The quotation that I read was about three-quarters of one column, on pages which are of two columns; the report continues for getting on for 70 pages. I accept that the House wishes to get on with a decision, but I do not believe that I am raising new points. I could have repeated old points at some considerable length.

I now come to the new amendment which we have, in the name of the noble Baroness, Lady Lister. She mentioned healthcare at Yarl’s Wood. The Minister said in the Commons yesterday that,

“Yarl’s Wood, and its links with the health service in Bedfordshire, provide an effective join-up”,—[Official Report, Commons, 25/4/16; col. 1195.]

for the care of pregnant women. I have to query whether Yarl’s Wood will ever become suitable for that care.

Amendment 85D, which I have tabled on the second set of issues, would delete subsection (4) of the proposed new clause in Amendment 85B. Again, the amendment as it is printed appears to be very long, but that would be the only change. That subsection in Amendment 85B provides that:

“A woman to whom this section applies who has been released following detention … may be detained again under such a power in accordance with this section”.

My amendment is a probing amendment to seek to understand how this will be applied and how the time limit will operate. As the noble Baroness has described it, it looks like a cat and mouse provision, and in a democratic institution where we are reminded about suffrage every day we walk around, I hope that that is not the case. I look forward to the Minister expanding on this if he can. Can he confirm that, when that paragraph talks about detention “under such a power”—which is a power to detain—“in accordance with this section”, it means “subject to” this section? I cannot think that it means anything else, but it struck me as a slightly curious way of describing it.