Immigration Bill

Debate between Baroness Hamwee and Lord Winston

Tuesday 10th May 2016 Lords Chamber

[Baroness Hamwee]

My Lords, I support the noble Baroness, Lady Lister, although I would say to her that there are rules about transporting animals.

In the Commons, as the noble Baroness said, the Minister referred to—and indeed relied on—the guidance providing for “very exceptional circumstances” to meet expectations. However, guidance can of course be changed much more easily than primary legislation, and it is easier not to follow. I share the concern of the noble Baroness that the legislation must not weaken the process.

I was also puzzled to read in the government amendment that the person who authorises the detention —I shall come back to that—must have regard to the woman’s welfare, not, as the Minister said last night at column 486 of Hansard, “due regard”. As we have heard, the current equivalent guidance is not effective enough and I do not see that there will be any impact from putting pregnant women into a separate category within the guidance. I agree with the point made by David Burrowes and the noble Baroness about Amendments (a) and (b), rather than (a) or (b). I, too, had two points of concern about interpretation. The noble Baroness has referred to the phrase “apart from this section”. I read this as applying to the person with the power to authorise, but I do not know what,

“a person who, apart from this section”,

means. I hope the Minister can help me.

The other question concerns the term “shortly” in paragraph (a) of Amendment 85E. The Secretary of State needs to be satisfied that,

“the woman will shortly be removed from the United Kingdom”.

In this House we are accustomed to the term “shortly”. It is something of an Alice in Wonderland term: it means what it is meant to mean on the occasion when it is mentioned. Will the Minister help us by providing greater precision?

[Lord Winston (Lab)]

My Lords, I shall detail the House only briefly. I am most concerned about this issue. I fear that the Government have completely overlooked a very important point. You are not just detaining a pregnant woman, you are detaining the foetus inside that pregnant woman. The effect on that foetus is something about which science is increasingly concerned. The recent science of epigenetics tells us clearly that the foetus at certain stages during pregnancy is extremely vulnerable to the environment of the mother. Indeed, I have been involved in this area of research at Imperial College, and I shall refer briefly to research going on not only at Imperial but at the University of Singapore, which I shall visit later this week, and McGill University in Canada, among other places.

It turns out that at a certain stage in pregnancy, if a woman’s stress hormones, particularly cortisol, are raised, the effect on the foetus may be profound. Working after the ice storm in Ontario some years ago, Michael Meaney undertook cognitive tests on infants aged five, who had effectively been interned within their own houses because of the darkness and lack of electricity over a period of time. He found significant cognitive impairment. There is also some evidence that after massive stress to the mother, some children may behave aberrantly when they grow up —particularly, for example, being more aggressive.

Unfortunately, at this stage the science is not absolutely clear but there is a massive amount of evidence from work on rodents and some other animals. The evidence from human work is increasingly that certain stages of pregnancy—for example, once the foetus is identifiable in the uterus, usually at around 22 to 26 weeks—are a particularly vulnerable time. That is when stressing a woman may have a severely adverse effect.

For that reason, the Government need to recognise that they may be responsible for a heritable effect on that child and possibly even on the grandchildren of the mother. Until that is firmly worked out, I beg the Government to consider that internment, if it must be done at all, must be done only under the most serious circumstances. We cannot go back for women who have previously been detained in prison and other places, but in future we must make sure that we make law which is humane and amendable, so that we cause the minimum amount of damage to future generations.