Queen’s Speech

Lord Roberts of Llandudno Excerpts

Wednesday 8th January 2020 Lords Chamber

[Lord Rogan (UUP)]

My Lords—

[Lord Roberts of Llandudno (LD)]

My Lords—

[Noble Lords]

Order!

[Lord Roberts of Llandudno]

I am so sorry.

[Lord Rogan]

It is quite all right. My Lords, I have spoken in your Lordships’ House about the urgent need to restore devolved government in Northern Ireland. I will not restate those arguments but the latest reports I have received from the talks in Belfast suggest that we are no closer to finding a resolution today than we were yesterday. Again, I will urge all the parties in Northern Ireland, particularly the DUP and Sinn Féin/IRA, to do all they can to reach agreement in advance of Monday’s deadline.

I will concentrate my remarks on what the gracious Speech described as the “utmost importance” of the,

“integrity and prosperity of the United Kingdom,”—[Official Report, 19/12/19; col. 7.]

or, to give our great nation its full title, the United Kingdom of Great Britain and Northern Ireland.

It is a simple fact that the union is under greater threat now than at any time during the IRA’s 30-year campaign of violence. Your Lordships will need no reminding that the Troubles were an indescribably barbarous period in our history. More than 3,600 people lost their lives, with countless more suffering horrendous injuries. People often ask what purpose was served by such death and destruction. From a Sinn Féin/IRA perspective, my answer would be that no purpose was served whatever. The Belfast agreement, which I was proud to be part of, enshrined the principle of consent that keeps Northern Ireland an integral part of the United Kingdom unless its people decide otherwise in a democratic vote. Meanwhile the purpose of the pro-union people in enduring the IRA’s hideous terrorist campaign, rather than giving in, was to protect that precious consent principle.

I have always regarded my unionism as something positive. The unionist community is often portrayed as possessing a siege mentality but this is a false impression. In general, unionists are forward-thinking and, in a post-Troubles society, there have been significant efforts to reach out and sell the benefits and attractions of unionism to those of alternative political outlooks and none. For example, the 12 July parades now have a genuine festival feel about them, and quite rightly so. However, where unionists can perhaps be accused of becoming more insular is when they feel that the British Government of the day would rather see the back of Northern Ireland. The most obvious recent example of this was in 1985 when Margaret Thatcher co-signed the Anglo-Irish agreement, giving the Dublin Government a say in the internal affairs of one part of the United Kingdom against its will. In 1998, the then Baroness Thatcher said that she regretted signing this agreement. Thankfully, a Labour Prime Minister helped to put something much better in its place on Good Friday of that same year.

Fast-forwarding to today and the actions of the latest Conservative Prime Minister to roll off the conveyer belt, Boris Johnson’s decision to renege on his public commitment not to annex Northern Ireland by placing a border in the Irish Sea after Brexit has had a profound impact on the psyche of the loyal pro-union people. Mr Johnson, I am afraid, has a long and complicated relationship with the truth across many aspects of life, but saying something and doing precisely the opposite has much deeper consequences when you hold the office of Prime Minister. Despite his supposed commitment to the constitutional integrity of the United Kingdom and Northern Ireland’s place within it, as laid out in the gracious Speech, a significant proportion of unionists simply refuse to believe him and are deeply worried about what comes next.

There is also another group. As the recent Westminster elections highlighted, there is a growing number of people in Northern Ireland who do not see themselves as either unionist or nationalist. Thankfully, a succession of surveys makes it clear that a healthy majority would still vote in favour of Northern Ireland staying within the United Kingdom should a border poll be called. However, this position will be hard to maintain if the Prime Minister continues to behave like someone who, at best, does not seem particularly keen to fight to save the union or, at worst, is relaxed about retreating into a mindset of English nationalism.

[Lord Roberts of Llandudno]

My Lords, I apologise to the noble Lord, Lord Rogan, for trying to speak earlier. I look over the Irish Sea from where I live and I wondered whether I also had to cross that sea today, but I am delighted that he is here.

In the referendum campaign and the general election campaign, one of the claims made was that we would “take back control”. We can take back control to some limited extent, but there are areas where we cannot but where we are the victims of circumstances. For instance, how do we take back control when we have climate change turning parts of Africa into extended deserts and a mass movement of immigrant people looking for some way of sustaining their life? How do we do that? What do we do with Syria? What might we to do with Iran? We accept many refugees from that region, but we never know how many we will have to take. What will President Trump do next? We have to be flexible here. How do we take control?

I was here when David Cameron made the promise that, by the year 2020, we would have accepted 20,000 refugees from Syria. I look forward before long to having the breakdown of those figures.

If we cannot take control, there are other things that we can do which are easy for us to accomplish. First, we can change our whole immigration ethos. Why do we welcome immigrants to this country yet not allow them to work until they have been here for 12 months? Why do we still have indeterminate detention on the books? We are one of only a small number of countries in the world that do it. Why do we let 18 year-old lads here from Afghanistan or other places be in fear because their status changes when they reach that age of 18? There are things that we can do. Why do we still allow a Home Office that has 47% of its immigration decisions overturned on appeal? These are things that can be done. We can have control over our own legislation. I would like to see that control, so that we change from being a hostile environment that seems to be shutting the door against people to an environment of welcome where people say, “Yes, we are here. We know there are problems, but we are here, and we can contribute so much to the life of the United Kingdom.”

We heard in the House yesterday of the shortage of nurses, yet we have nurses—thousands of them, I imagine —in the immigration procedure. We are not taking advantage of them and not giving them the opportunity. There is so much that can be done. We might not be able to take control of everything, but there are certain things we can do.

I have come across a lot of people in the time that we have been talking about this. I shall give just one instance before I finish. There was a lad from Afghanistan originally; he was 14 years old. His mother and father had been killed by the Taliban. He went to Pakistan and from there to Turkey. From Turkey—what a journey for a 14 year-old—he found his way to Calais. In Calais, he jumped on the back of a truck and he landed in London. He joined our Citizens of the World Choir. I remember going with him to the Llangollen International Eisteddfod. There in Llangollen, he came to me after that performance and said to me, “Do you know, that was the best day of my life?” He is a remarkable person. He has now been in a sixth-form college. There was a mock election there and he sent me a photograph. He had a rosette; he was a candidate. The rosette was the right colour, of course; I do not know why because there was no influence directed towards him. He did that and he said, “the best day of my life”. We had brought hope instead of despair—I could go on, but I must not—as with so many of the lads and lasses from overseas who come here.

In this new term, will the Government now give us hope and respond to those needs that we have debated over the years, so that so many people will be able to say, “Yes, this is the best day of my life”?

European Union (Withdrawal) Bill

Lord Roberts of Llandudno Excerpts

Committee: 11th sitting (Hansard - continued): House of Lords
Wednesday 28th March 2018 Lords Chamber

[Viscount Waverley (CB)]

My Lords, I apologise for not being here at the start. I will say very briefly that one aspect has not come under consideration: namely, UK citizens who have their prime residence on the continent. If a UK citizen has restricted access to the country in which they have their residence and the situation arises where the spouse is not allowed to enter the UK—of which I have first-hand knowledge, as my colleague the Minister is aware—that could mean separation for many people and it will further complicate this whole arena.

[Lord Roberts of Llandudno (LD)]

My Lords, I will intervene very briefly. Since the Maastricht treaty, 18 million people have been born into European citizenship. They have not acquired it—it is their right from birth. What right have we to strip them of this citizenship? I am proud of being Welsh, proud of being British and proud of being a European. A person is usually stripped of citizenship as a penalty for having done wrong and for being an undesirable. How on earth am I going to tell the children—and they are not only children now—who have been born since the Maastricht treaty into European citizenship that they no longer have that right?

[Baroness Hayter of Kentish Town (Lab)]

My Lords, in the words of those who tabled the amendments and their supporters, we hear the cry of millions who feel the loss of what they believe has been, or has become, their birthright—European Union citizenship.

We see this in many different ways. Half a million holders of UK passports have already applied for Irish passports, often by virtue of their parents’ or grandparents’ status; 30,000 EU citizens—double the number we saw before the referendum—who live here are now applying for British nationality; and many Britons are taking up membership of an EU member state so that they can preserve their EU citizenship. There is an even greater number of people who, like me, would love to continue to hold a purple passport. I have no nostalgia for my old passport—I think it is black rather than blue—and do not want it back; I would like to keep my purple one.

Apart from the emotional attachment, there are pragmatic reasons why people would like to continue with that. As the noble Lord, Lord Kerr, said, even with the withdrawal agreement we are not certain that it will allow Brits who are living abroad to do more than just remain in the country where they find themselves at the moment. It may not guarantee them the right to move or work elsewhere.

I heard recently from a British national, Nick Gammon, who at the moment is living in Holland—he has lived in France and Ireland—whose children absolutely identify as citizens of Europe. He is a translator and even at the moment his work is done not only in Holland but in Belgium, Germany and Britain, and indeed all over the place. But of course, after exit, while he will be able to carry on living in Holland, he will not be able to continue to live and work in one of those other places if it is not included in the final withdrawal agreement—although it would be nice if we could hear that it is going to be.

Of course, Nick is not alone. A few days ago we talked about the designers, architects, performers, sports men and women, nurses and all sorts of people who move around for their career, very often as freelancers, as well as for their personal lives. We heard from our EU committee earlier about how tourists moving abroad now risk losing their European health insurance card, the EHIC. Obviously this does not apply to many noble Lords in the Chamber, but if you happen to be more than 90 years of age or you have a pre-existing ailment, it will become very hard to get health insurance if we lose the EHIC. So there are enormous problems with continuing the movement across Europe that we know.

So there is undoubtedly an ache for the EU passport, with its ongoing residence and other rights. Perhaps I may briefly tell one more story. In my husband’s family, his cousin’s husband will I think be known to many: Nick Ross, whose Jewish grandmother and father arrived here from Germany in the 1930s. Nick has just taken German nationality. He has done so for a number of reasons, including how Germany has changed—although he does not necessarily want to go and work there. Following his lead, his sons, nieces and nephews have also applied for German passports, which says quite a lot. I gather that it is taking the youngsters rather longer because there is now a long queue of people doing just that.

That is a reflection of the world in which the current generation lives. Young people have more in common with friends, colleagues and partners across the continent than our parents would ever have imagined. It is the world that EU citizens residing here have also come to assume. Some are still in shock after the June 2016 decision, which will bar their automatic right to stay here, work and bring their family over. Even with all the promises we have been given, we know that there are great worries about how the system for settled status will continue.

I return to the amendment. Of course we cannot acquire stand-alone EU citizenship. It does not exist but is an add-on, even in the words which we have just heard quoted. It is an add-on for the nationals of EU member states. The EU 27 nations are no more going to give passports to all 65 million of us than we would give British passports to the 500 million citizens across the European Union—so I am afraid that we are not likely to get passports from another EU member state, and therefore, sadly, we will lose our EU citizenship.

But what we can do is ask the Government to ensure that at every stage of the negotiation they prioritise the movement of people around the continent in the way that a generation has learned to enjoy and value. Whether it is over the negotiations on staying and working with Euratom, Erasmus or the medical or other agencies, everything we do should help to preserve the free movement across the continent which youngsters in particular have come to expect. I think that we would like to see, if I may use the phrase, a continental Brexit, and I hope that Ministers will press for it so that people will be kept at the centre of all the negotiations, which will help them to continue to feel European—even if we revert to the old black passports.

European Union (Withdrawal) Bill

Lord Roberts of Llandudno Excerpts

Committee: 5th sitting (Hansard): House of Lords
Wednesday 7th March 2018 Lords Chamber

[Lord Roberts of Llandudno (LD)]

My Lords, I speak not as a lawyer—I find it difficult to follow some of these legal arguments—but as a grandfather to seven grandchildren, each of whom was born into European citizenship after the treaty of Maastricht. They are just representative of the more than 18 million others who were born since that treaty was signed. If the Bill were to go through unamended, we would withdraw rights and hopes given to them during the past 25 years. What moral right do we have to do this?

If I spoke today in favour of this Bill, what would I say to Haf, Osian, Manon, Megan, Reuben—I am trying to remember their names—Ianto and Aiden? They would say, “Taid”—which is Welsh for grandfather—“why did you not oppose this? Why did you not oppose the loss of all these freedoms and the availability we had in the previous time? You didn’t do a thing”. I am not the only grandfather in this room; I am not the only grandparent in this room. If a grandparent can vote to withdraw rights that have been cherished by their grandchildren, they are doing a tremendous disservice. To the various concessions in travel, in education and in so many other ways that we get as members of the European Union there will now be barriers, and it will be because we went along with the Bill—I would nearly call it an insane Bill—to withdraw these rights from those who have cherished them and used them during the past 25 years. We were able to choose to be members of the European Union; they were not. They were born into British citizenship; they were born into European citizenship, and, as my friend, the noble Lord, Lord Wigley, said, they were born into Welsh citizenship. We cannot withdraw these things. It is a blind way of treating the future generation.

That is all that I will say at this point. Seriously, we have no right. How will the Minister defend the withdrawal of such rights from 18 million citizens? We should remember that only 17 million people voted to leave; we are talking here about 18 million. How on earth can the Minister defend such a move?

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I support the amendments. I speak not as a grandmother, although I am one, but as somebody who not only voted for Brexit but campaigned for it. Therefore, I carry quite a heavy burden to help ensure that we get the best outcomes for people living in our country.

When voting to leave, no one voted to lose their rights. The amendments would ensure that the Government safeguarded the rights and protections of people as we negotiate leaving the EU. It has been hard to get much sense out of the Government about their plans for Brexit. The default message is to refer to the Prime Minister's Florence speech or Lancaster House speech, but platitudes about “getting the best deal” or “making Brexit a success” simply are not enough to guarantee that our Government do not risk undermining our basic rights and protections during the Brexit negotiations.

The Government seem unable to agree on many of the big issues and it is unclear who is in charge. In the absence of principled, clear leadership, Parliament must take the reins and do what is right for the majority of people. The amendments would protect both British citizens and EU citizens, people who have built their lives around the opportunities given to them by EU membership. They would force the Government to stop abusing our rights as a political bargaining chip. There should never have been any question over the rights of EU citizens living in this country, but our Government insisted on using our basic rights as part of their struggle to gain bargaining power in negotiations.

It is often conceived by supporters of remaining in the EU that the main motivation for Brexit is a narrow-minded, nasty little racist attitude which blames all our country’s problems on foreigners. I could not be further away from that world view, although I believe that some of the Brexiteers—I have some names here but will not read them out—and others have a lot to answer for in the way that they used migrants as scapegoats for the very real destruction that our own Government have cast upon our society with their slash-and-burn austerity measures. The Government sowed the seeds for a lot of the division and anger that prevail in our country.

I celebrate migrants and migration. Humans have always moved around as we seek opportunities and form new communities. It is an essential part of what it means to be human and without migration we would probably be stuck in isolated little groups, still using flint tools and eating with our fingers. Instead, humans have done the most astonishing things and we have all gained enormously from the massive cultural and technological growth that results from humans meeting humans and sharing ideas, cultures, stories and lifestyles. These amendments would do what is absolutely right and fair. They are about breaking Brexit away from those who espouse anti-immigrant views and saying that Brexit is about being more open, tolerant and diverse than ever before. A Brexit that cannot achieve that is not a Brexit worth having and not one that I will support.

Asylum Seekers: Legal Advice

Lord Roberts of Llandudno Excerpts

Monday 5th February 2018 Lords Chamber

Asked by

[Lord Roberts of Llandudno]

To ask Her Majesty’s Government whether they intend to ensure that every failed asylum seeker, and anyone facing removal from the United Kingdom for whatever reason, has access to adequate legal advice.

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, legal aid is available for individuals faced with deportation where they are claiming asylum or challenging their detention. The Government have commenced the post-implementation review of legal aid, which will include the scope of legal aid for immigration and asylum cases.

[Lord Roberts of Llandudno (LD)]

My Lords, the Minister will be aware that many asylum seekers are unable to access legal advice, for different reasons. Some are penniless and others just do not know the procedures. The result is that many of the decisions made by the Home Office are unsound and reversed on appeal. In 2005, 13,000 appeals were allowed. In 2010, 35,000 were allowed and, in 2015, 17,000 were allowed. Therefore, in 10 years 250,000 appeals were allowed—a quarter of a million wrong decisions by the Home Office. Will the Minister please tell me what he is doing to remedy that situation so that we have a procedure that is fair and equable?

[Lord Keen of Elie]

My Lords, all persons detained in immigration removal centres now have access to a duty solicitor and therefore have access to legal advice.

Immigration Bill

Lord Roberts of Llandudno Excerpts

Monday 1st February 2016 Lords Chamber

Stephen Shaw’s report was dated September. I do not know when it was actually handed in, but it cannot have taken that long to print, even though it is a very substantial report. So it really should be possible to give us a clear yes or no answer as to the Government’s response to this important recommendation. I therefore ask the Minister to do so now. I very much hope that it will be a yes. If it should be a no, I trust that he will provide a clear explanation so that we can assess whether this is an issue to which we want to return on Report.

[Lord Roberts of Llandudno (LD)]

My Lords, I thank the noble Baroness, Lady Lister, for using one word especially—the word “hope”. We have responsibility not only to our own people but to the whole world community. As we deny that responsibility and act in ways that make people very much inferior and in fear, they will grow up to be people without that hope. People might resort to extremism and terrorism. Our opportunity in this Bill is to restore hope to people. I heard from Calais just half an hour ago that both the mosque and the Christian church there have been bulldozed today, removing another element of hope for those people. It is an opportunity. We deal with clauses, amendments and all sorts of things, but we are basically dealing with people—people just like ourselves.

I must not take long, and I will not. The Universal Declaration of Human Rights states that everyone has the right to liberty and to protection from arbitrary detention. Are we in violation of that declaration? Article 31 of the United Nations Convention Relating to the Status of Refugees specifies that states shall not impose penalties or unnecessary restrictions on the movement of refugees entering their territory without authorisation. Are we also denying that here in the United Kingdom?

What if we compare ourselves with other countries in Europe? France has a limit of 32 days and Belgium of two months. Here, though, two years ago—the only figures that I could get were for 2013—400 immigrants were detained for more than six months. At the moment there are about 3,500 people detained in our removal centres—many more than there were a few years ago. Just think of the cost of this. It was revealed in an Answer in June 2011—and the figure will be higher now—that the cost of detaining an individual at an immigration centre was £102 a day. We are acting totally against what would be best for our own people.

So there is so much to be done. As the noble Baroness, Lady Lister, said, the psychological and physical effects of indefinite detention must be totally devastating. You have family and opportunities at home or elsewhere but you do not know when you are going to be released. I know that the Minister has a good heart; I have spoken to him many times on these issues, and I hold him in great respect. Can we in the House of Lords not move in such a way that the rest of Parliament will have to listen to us? We have the opportunity here to bring hope to many more people.

[Lord Dubs (Lab)]

My Lords, I support the thrust of these amendments. I shall refer to two or three specific points. Amendment 216 is very moderate and the Government ought to have no difficulty in accepting it. The sort of review envisaged would give us more information; I think it would help to make the arguments clearer and might well come out more in favour of the tougher amendments that are also part of the group. It is up to the Government to say why they do not want this information to come to light and why they are against such a moderate amendment.

I turn to the question of time limits. I agree very much with the points that have been made. To detain vulnerable people and to give no sense of how long they are to be detained is not something that we as a country should be proud of doing. In a debate today on earlier amendments, it was put to us by the Minister that if people were in detention, they had other ways of getting out and processes they could go through—I think one example was judicial review and another was habeas corpus. It would be very difficult to achieve these safeguards, costly without legal aid to pay for them and indeed costly for the Government to defend such cases if people had the power to bring them. I do not think that that is a positive way forward.

Apart from supporting time limits, I also support the point made so clearly by my noble friend Lady Lister: to detain pregnant women must be entirely unacceptable. They are not going to run away, they can be of no danger to society, and I cannot understand what benefit there is to the country or to anybody else in detaining people who are so vulnerable by definition of their pregnancy. That also goes for some of the other categories listed in Amendment 216ZC, such as victims of torture. How can we contemplate detaining victims of torture, who surely have already suffered enough? For some of these people Britain is a country of hope, with high standards, and when they find that the way they are treated does not meet those high standards, as the noble Lord said, hope is gone.

So I very much hope that the Government will come forward with some positive responses to these amendments. We cannot as a country allow our reputation to be blemished and besmirched by the practices we adopt in detaining some of these people, who surely have more rights than we give them at the moment.

--- Later in debate ---

[Lord Keen of Elie]

With respect, it is not possible to say to somebody that they will be in detention for X period in this context. For example, if they choose not to co-operate by producing any documents, or they do not tell the truth about their point of origin or their journey—where they arrived in Europe, for example—it may be very difficult to investigate their circumstances, and they may yet during that period pose a risk, whether to the public or otherwise. Therefore, detention is not necessarily, and cannot be, dictated by reference to a fixed period. But of course, it is open to them to go to a tribunal and apply for bail—and that is the whole point. So it is not, in that sense, indefinite: they have the opportunity to canvass before the tribunal the issue of whether or not they should remain in detention.

At Second Reading, we heard a number of noble Lords speak on detention. As has been said, there was a contribution from the noble and learned Lord, Lord Brown of Eaton-under-Heywood. He rightly identified that:

“There are two basically different circumstances in which people are detained under the legislation: first, on initial application for asylum and, secondly, when, much further down the line, it is sought to remove people whose rights of whatever sort have expired and it is proposed that they finally be deported”.—[Official Report, 22/12/15; col. 2473.]

The detained fast track generally related to the first category that the noble and learned Lord, Lord Brown, identified. Many noble Lords will be aware that the detained fast track has been suspended since July following my right honourable friend the Immigration Minister’s decision that he could not be certain of the level of risk of unfairness to certain vulnerable applicants who may enter the process. I can confirm to the noble Lord, Lord Rosser, that the detained fast track will remain suspended until my right honourable friend is sure that the right structures are in place to minimise any risk of unfairness and that effective safeguards can be put in place. A Statement will be made when that point is reached.

[Lord Roberts of Llandudno]

Can the Minister tell me in what circumstances that was suspended? Was it not because of a High Court action, which found that it was illegal?

[Lord Keen of Elie]

There was, among other things, a determination as to the legality of the process. I accept that—but that is why it was suspended and why it remains suspended at the present time.

Those who are detained for any length in the removal centre estate will normally be cases that fall into the second category mentioned by the noble and learned Lord, Lord Brown: those who have had their application to remain in the United Kingdom refused, whose rights have expired and who it is proposed should finally be removed. I ask the Committee to reflect on the fact that if all individuals complied with a notice that they should leave the United Kingdom, there would be little need for immigration detention, and certainly very limited need for detention beyond a very short period. However, some individuals choose not to comply with the law and do not leave the United Kingdom when they should. That is the position we are in.

Amendment 218A would require a bail hearing in every case of detention within 28 days. As I have explained previously, mandatory bail hearings by set deadlines are incredibly resource-intensive for the tribunal and have been rejected previously as being unworkable in practice. Amendment 218B would impose a requirement to release on immigration bail after 28 days of detention, unless an individual had been convicted of an offence under the Modern Slavery Act.

I can understand the noble Baroness’s reasoning for the amendment. The offences listed in Schedule 4 are very high-harm offences. But what justification could there be for detaining beyond 28 days anyone other than these high-harm criminals? Matters are not that simple. We seek to remove national security threats under deportation powers—individuals who do not have a conviction but where there is clear intelligence that they pose a risk to the public. This power would prevent detention of these individuals beyond 28 days. It would lead to the release, for example, of Abu Qatada, despite the clear threat that he and others like him pose.

The noble and learned Lord, Lord Brown, went on to say:

“Many participants in this debate have urged and will urge, benevolently, for fixed limits—sometimes as little as 28 days—to immigration detention. I say to those noble Lords: do not underestimate the ingenuity and persistence of many of those who seek to defeat immigration controls. Time and again, down the years, the system has been cleverly played, often by those who are least deserving of our sympathies. In the present edition of one of the standard textbooks on immigration law, the chapter on detention and bail extends to 96 dense pages and endless footnotes. A case on this topic in the Supreme Court in 2011 … stretched to 115 pages of judgments. This is a difficult area of the law and I respectfully suggest that we should not rush to impose some limit”.—[Official Report, 22/12/15; col. 2474.]

Again, the noble and learned Lord, Lord Brown, summarised the position well. I ask this House to heed his wise words and not to legislate in haste. It is for these reasons that I ask that the amendment be withdrawn.

Before I sit down, I notice that I have not responded fully to the points made by the noble Lord, Lord Ramsbotham. In particular, he raised the question of consultation on the short-term holding facility rules. It is regrettable that we have not yet consulted on those rules. However it has to be remembered that they operate not in a vacuum but under the statutory framework contained in Part 8 of the Immigration and Asylum Act 1999 and its associated schedules. They are also covered by the Home Office’s detention services orders. Now that the Shaw report has been published, we will take forward consultation on the draft rules.