(14 years, 6 months ago)
Lords ChamberMy Lords, as the House will be aware, the Chilcot commission is conducting its work but has not yet finished it. I have had discussions on this and I am quite satisfied that the serious work being done by the Chilcot commission needs to be concluded. As the noble Lord knows, we would like to be able to introduce intercept evidence but we have to await the outcome of that work. We will come back to the House.
In the SIAC judgment to which the Question refers, was there not a substantial discussion of the risk that these two people, if sent back to Pakistan, would be subjected to torture or inhuman or degrading treatment and that therefore it would have been a breach of the ECHR? However, did not SIAC also add that if the two people who went back voluntarily were not subjected to treatment of that kind, the question of whether the two individuals the subject of the Question might be deported could be revisited?
My Lords, the individuals who returned voluntarily did so many months ago, before the hearing. That fact is relevant to the subsequent consideration of the individuals referred to in the Question. The fact that they returned and were not ill treated was one of the reasons for the Government considering that Nasser and Khan would not be ill treated on return. However, the court took the view that this was not sufficiently reliable in their case. The ability to return the two men can be revisited if circumstances change, and we are working on creating the circumstances in which that might be possible.
(14 years, 6 months ago)
Lords ChamberThe noble Baroness makes an important point. All I can say at the present stage is that in the guidelines that we agree consideration should be given to cases of this kind in which an individual problem needs extra help.
That is the formal case. However, in current circumstances, the average time for which children are being detained is only about 11 days. We are trying to bring that figure down. I pay tribute to the previous Government who did great work in bringing the timescale of these detentions down. I entirely agree that it is a problem. We are trying to make the system as humane as possible.
My Lords, perhaps I may ask my noble friend about the consultations which on 12 May Mr Damian Green said had already started. Stakeholders, such as the Children’s Society, do not seem to be aware of that. Is it the intention to complete the consultation in six weeks, as we have heard? Will that be in time for them to incorporate any necessary amendments to the Secretary of State’s powers to look after these children under alternative arrangements in the Borders, Citizenship and Immigration Act which will come before your Lordships?
My Lords, I will look into that point. I cannot give the noble Lord a definitive answer. All I can say is that we intend to proceed with this really fast. This review will not take very long. I hope that that timescale can be met.