Immigration: Detention

Lord Roberts of Llandudno Excerpts

Wednesday 4th December 2013 Lords Chamber

Asked by

[Lord Roberts of Llandudno]

To ask Her Majesty’s Government whether, in the light of the case of Mr Isa Muazu, they will clarify their policy in relation to the detention of immigration detainees who are seriously ill and refuse food and fluids.

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con)]

My Lords, a refusal to eat or drink will not automatically mean that a person should be released from immigration detention. This position has been upheld by the courts. On 19 November, Mr Justice Ouseley said that he did not accept the suggestion that the Secretary of State had adopted a hardline policy of saying that there would be no release for this claimant who was refusing food and fluid. He went on to say that the decision to start, maintain and continue the refusal of food and fluids to the end was for the claimant to make, adding that,

“his detention does not become unlawful simply because he is determined on that outcome”.

[Lord Roberts of Llandudno (LD)]

My Lords, the Minister may be aware that last week I received an assurance from the Home Secretary that landing arrangements had been made in Nigeria. Something went seriously wrong. Why did the Government attempt to remove a dying man at such human and financial cost, and will the Minister give us an assurance today that Mr Muazu will not be deported in his present condition? Will he also instigate an immediate review into immigration detention and end such routine and inhumane treatment, always remembering that asylum seekers—even failed asylum seekers—are human beings just like us and deserve deep respect?

[Lord Taylor of Holbeach]

My Lords, it may help the House if I update noble Lords on the current situation concerning Mr Muazu. The welfare of detainees is our highest priority. While refusing food and fluids, Mr Muazu was continually offered medical treatment, including patient care at hospital, which, until recently, he continually refused. Mr Muazu is regularly monitored. The latest assessment—I had a report this morning—shows that he is eating and drinking well and is mobile, and that he continues to be fit to fly.