Immigration Bill

Debate between Lord Hope of Craighead and Baroness Redfern

Tuesday 15th March 2016 Lords Chamber

[Baroness Redfern (Con)]

My Lords, I will speak briefly and to the point to Amendment 84. It would significantly undermine the Government’s ability to enforce immigration controls and maintain public safety, which is paramount. In the current climate of high migration and growing security threats, I am sure that noble Lords would agree that we need to consider very carefully any measure that could undermine public safety. Although the amendment would not apply to the time limit for certain foreign national criminals, who have knowingly broken immigration laws, these individuals would be able to rely on being released by continuing to obstruct removal.

It is important to note that, based on current behaviours, a large majority of those currently detained would be likely to take advantage of the time limit. This would seriously undermine the legitimate operation controls and pose an unnecessary threat to the public. It would add a further strain on resources, create more bureaucracy and waste time and taxpayers’ money on unnecessary paperwork and legalities. It is in everyone’s best interests to have an asylum system where decisions are taken quickly and effectively, but not because it is rushed.

When we deprive someone of their liberty, that decision should never be undertaken lightly. As a country, we should be proud that we take our duty of care very seriously when individuals are detained.

[Lord Hope of Craighead]

My Lords, I shall make a very short point about proposed new subsection (2) in Amendment 84, and in particular the word “exceptional”. This is simply a power in the tribunal to extend the period. To introduce the word “exceptional” is, I would have thought, unnecessary and perhaps unduly restrictive. The phrase,

“on the basis that the … circumstances of the case require extended detention”,

I would have thought, sets a sufficiently high standard for the tribunal to work to. Of course, the shorter the period—if the Government are minded to introduce a fixed period—the more important it is that the word “exceptional” should not be there, for the reasons that others have mentioned. So I suggest that that word requires very careful thought. I would rather it was not included in the proposed subsection.