Immigration Detention

Alistair Carmichael Excerpts

Thursday 10th September 2015 Commons Chamber

[Paul Blomfield]

I do indeed. It underlines the urgency of today’s debate and the need to address the issue. Nobody, especially not the Government, wants to see the immigration detention estate expanding, but without a shift in policy along the lines recommended in the report, it will be an inevitable, deeply distressing and disturbing reality.

The UK is alone in the EU in not having a maximum time limit on detention. That lack of a time limit was a constant theme in the evidence we received during our inquiry and one on which we received some striking testimony. Time and again we were told that detention was worse than prison, because in prison people know when they will get out. As one former detainee said:

“The uncertainty is hard to bear. Your life is in limbo. No one tells you anything about how long you will stay or if you are going to get deported.”

A team leader from the prisons inspectorate told us that the lack of a time limit also encourages poor working.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Like others, I commend the hon. Gentleman for his work, and I am grateful to him for his comments about my former colleague Sarah Teather, who did tremendous work in this area in her time here. On the lack of a time limit, does he think that inadequate access to legal representation is one of the reasons why people end up in open-ended detention in that way? The briefing supplied to us today by Bail for Immigration Detainees points out that 11% of those detained have never had any legal representation at all.

[Paul Blomfield]

I thank the right hon. Gentleman for his intervention and I very much agree with him. That was a feature of the evidence we received. Addressing that issue is important to ensure justice and speed in processing applications, which is in the interests of everybody.

I mentioned poor working in the consideration of cases, and the representation we heard from the prisons inspectorate suggested that, in one quarter of the cases it had looked at, prolonged detention was the result of inefficient case working. Therefore, having a time limit is not simply about justice and humanity; it is about ensuring a focus in the system and changing the culture. Medical experts also told us that the sense of being in limbo—the sense of hopelessness and despair—leads to deteriorating mental health. One expert from the Helen Bamber Foundation told us that those detained for more than 30 days had significantly higher mental health problems.

Although they are called immigration removal centres, we found that most people who leave detention do so for reasons other than being removed from the UK. That is an important point. According to the latest immigration statistics, more than half the detainees released are released back into the country, so this is not just about the impact on those detained; it is also about cost and the good use of public money. It costs some £36,000 a year to detain somebody for 12 months, so a huge amount of taxpayers’ money is being spent on detaining people who we will eventually release into the UK anyway.

Our central recommendation is for a maximum time limit set in statute, not simply to right the wrong of indefinite definition, but to change the culture endemic in the system. We settled on 28 days, not only because it reflects best practice from other countries, but because it is workable for the Home Office, given that in the first three quarters of 2014 only 37% of people were detained for longer. It also reflects the evidence of the mental health impact on those detained for more than a month. We also recommended that decisions to detain should meet the aims of the Home Office’s own guidance—that is, taken more sparingly and only genuinely as a last resort to effect removal. Deprivation of liberty should not be a decision taken lightly, nor should it be taken arbitrarily. Currently, decisions are taken by relatively junior Home Office officials, with no automatic judicial oversight. With no time limit, it has become too easy for people to be detained for months on end, with no meaningful way of challenging their continued detention.

The introduction of a time limit and the reduction in the reliance on detention would represent a significant change. In order to detain fewer people for shorter periods, the Government will need to introduce a much wider range of community-based alternatives. In our report, we give a number of examples of those alternatives, from places as different as the United States and Australia, which is often cited as an example because of its tough immigration system, as well as Sweden, which we visited in the course of the inquiry. These alternatives allow people to remain in communities while their cases are resolved, including when making arrangements to leave the country. These alternatives are not only more humane, but cost less and have a higher compliance level.

There is a UK precedent. When the coalition Government committed to reducing the number of children detained, they introduced a family returns process, which the House of Commons Library described as designed

“to encourage refused families to comply with instructions to depart from the UK at an earlier stage, such as by giving them more control over the circumstances of their departure.”

It worked. There has been a dramatic fall in the number of children detained, and the Home Office’s own evaluation of the scheme found that most families complied with the process—with no increase in absconding.

There are a number of other recommendations in the report; others will refer to them, but let me briefly cover them. We recommend that pregnant women and victims of rape and sexual violence should never be detained, and that the shocking harassment and abuse experienced by lesbian, gay, bisexual, transgender and intersex detainees must be addressed.

--- Later in debate ---

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I am grateful for the opportunity to speak briefly in this very important debate. As other hon. Members have done, I commend—as best practice for other all-party groups to follow—the work of the groups that produced the report during the last Parliament. I am grateful for its acknowledgment of my former colleague Sarah Teather’s leadership in this area during her time in the House.

In looking at the scale of this problem, the surveys recently carried out by the Bail for Immigration Detainees group are interesting. During the most recent survey period, 216 people left detention after more than 12 months. It is worth reflecting on the sheer scale of that. My greatest concern is that, ultimately, only 38% of such people were required to leave the country. Therefore, the system is not just inhumane, but inefficient. It is not doing the job that we as taxpayers require it to do.

When I see such figures, I inevitably draw on my own professional experience. Before I entered Parliament, I was a criminal court solicitor, like the hon. Member for Enfield, Southgate (Mr Burrowes). I started my professional career as a procurator fiscal depute. We worked to very strict timetables in Scotland. Any prosecutor remanding people on such a scale and getting convictions for only 38% of them would have found themselves in some difficulty with their superiors.

It is worth comparing how we treat those detained for immigration purposes with how we treat other people in our community whom we detain in the criminal justice system and the mental heath system. In neither case do we detain people without a time limit or any sort of judicial supervision of their detention. Frankly, if we rightly apply such a standard for our own people, why should the standard be different for those who come here fleeing persecution in other countries?

That brings me to the point about the availability of legal representation that I made in my intervention on the hon. Member for Sheffield Central (Paul Blomfield). I have no doubt that the lack of access to legal representation contributes to making many cases last longer than the 12-month period identified by BID. At the time of the last BID survey, only 50% of people had representation when they were interviewed, and 11% never had any representation. We all know why: these people come from countries with very different legal systems and access to justice is on a very different basis, if indeed there is much state-provided justice at all. In addition, there are the difficulties of language and the mental health problems that inevitably arise, as the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) said. We can understand the importance of getting proper representation to people in such situations.

[Fiona Mactaggart]

The constituent I quoted was unable to access legal representation because she could not afford it. It was a case of paying the council tax or paying a lawyer. In the end, she succeeded in her bail bid by representing herself, which is one of the things we need to help people to do.

[Mr Carmichael]

Indeed. I was very struck by the constituent’s email that the hon. Lady read out. It is clear that that lady has significant language difficulties. Nobody in such a situation should be left having to represent themselves before a court or tribunal. These are exactly the sort of people for whom legal aid is designed and is absolutely necessary.

If I could make only one change, it would be in relation to the need for a time limit. In my time as a prosecutor, when we detained somebody or remanded them in custody, they had to be brought to trial within 40 days on a summary complaint or within 110 days on an indictment. Those were very demanding timescales to meet, and it could be very difficult to do so, particularly for complex crimes. However, such people were given priority because they had been deprived of their liberty. If that is how we treat people suspected of a crime, I see no reason why we should treat people seeking refuge any differently.

Refugee Crisis in Europe

Alistair Carmichael Excerpts

Tuesday 8th September 2015 Commons Chamber

[Yvette Cooper]

The Government’s current proposal is to take 20,000 refugees over five years, so we assume that that means 4,000 in the next 12 months. Yes, I am saying that it would be right for Britain to take more than 4,000 in the next 12 months. To be honest, it is very hard to set a number for a whole Parliament, because we do not know what the circumstances will be in future. I think we should start with the number we want to help in the next 12 months, and then keep that continually under review. We may need to help more, and we may be able to help more. We may find other long-term solutions, but we know that that will be hard. We should start with those we can help right now, and that must be more than 4,000.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I am grateful to the right hon. Lady for giving way because she has come to the nub of the argument. Is not the distinction between desperate people in one place who have made a journey and desperate people in another place who have yet to make a journey as false as it is offensive? Surely our contribution to helping people who are in need should be based on need, not on a decision that they might have made from sheer desperation.

[Yvette Cooper]

I agree with the right hon. Gentleman that we need to do both. We cannot simply ignore people who have already fled out of such desperation, been on very difficult journeys and seen many terrible things along the way, including children who have endured all kinds of difficult and degrading treatments, whether at the hands of traffickers or in the form of the abuse they have left behind. We should help them because that is happening on our doorstep: we should be providing help in European countries, as well as in Syria itself, and we need to do so as part of a wider European plan.

We need a bigger plan, and Europe should be part of that plan. We do not have time today to debate a long-term solution for Syria, the military strategy against ISIL or the Government’s current approach to the Assad regime. We urgently need a new diplomatic initiative drawing on all the countries of the region, Russia, Iran, the US and countries from the Gulf and the EU, but no one believes that there is a simple foreign policy or military intervention that will swiftly restore millions of people to their homes.

We need a serious plan to cope with the humanitarian consequences, which could be with us for many years, and a plan for the region and the neighbouring countries of Jordan, Lebanon and Turkey, which have shown great generosity. However, as long as the refugees in those countries have no proper homes and no schools for their children and as long as they cannot work and have no hope, they will of course seek sanctuary in European democracies. In effect, we need a Marshall plan for the area to provide the long-term support that we need to provide the stability that we need.

--- Later in debate ---

[Mrs May]

As the Prime Minister said in response to questions yesterday from hon. Members asking him to put a figure on the number in the first year, we will work with the UNHCR, which will identify the most vulnerable people. We will also work with local authorities, as the right hon. Lady mentioned. I and my right hon. Friend the Secretary of State for Communities and Local Government are chairing a taskforce to ensure that across Government we are getting the maximum effort on this point. My right hon. Friend the Immigration Minister has already contacted the Local Government Association and the Scottish Government. We need to ensure appropriate accommodation for people when they arrive in the UK, so we will work with the UNHCR and scale up as quickly as we can, but I am sorry to say to her that I cannot put a figure on the number for the first year. If she thinks about the need to ensure that the UNHCR can identify the most vulnerable people and that the accommodation and support provided to those people here in the UK is appropriate for their needs, she will see that it would not be right simply to chase some figure for the first year. We need to ensure we provide the right support for the most vulnerable people, and we will continue to work with the UNHCR to identify those refugees.

As the Prime Minister said yesterday, we recognise that children have been particularly badly affected by the crisis. In most cases, the interests of children are best met in the region, where they can remain close to surviving family members, but where the UNHCR’s advice is that their needs should be met by resettlement in the UK, we will ensure that vulnerable children, including orphans, are a priority. We are already working with the UNHCR and a range of other partners to deliver these changes and to start bringing in additional people as soon as possible. As was referred to earlier, this carries a cost, but as the Prime Minister said yesterday, we will ensure that the full cost of supporting thousands of Syrian refugees in the UK is met through our aid spending for the first year, easing the burden on local communities.

[Mr Alistair Carmichael]

rose—

[Mrs May]

I apologise to my right hon. Friend, I mean the right hon. Gentleman—[Interruption.] Yes, that was pre-May. It is only fair to those whose interventions I rejected that I continue to make progress.

The response to the situation has shown the great generosity of the British people. When there are humanitarian crises across the world, we see an enormous outpouring of generosity from the British people. We have seen local councils, companies, churches, community and faith groups and individual people offering their help. As I have said, my right hon. Friend the Communities Secretary and I will be leading the work to ensure that those generous offers can be turned into the practical assistance that the refugees need most.

If we are to deal with the situation, however, we need to overcome this challenge in the long term, and that is about finding an end to the conflict. The only lasting solution to the problem in Syria is a political settlement to the conflict—one that rids Syria of the murderous tyranny offered by Assad as well as the warped ideology and barbarism of the ISIL terrorists seeking to exploit the violence. The Prime Minister was clear yesterday in the House that there was a strong case for the UK’s taking part in airstrikes as part of the international coalition to target ISIL in Syria, as well as Iraq. I hope that when the right hon. Lady winds up the debate, she will say what her position on that proposal would be if she were leader of the Labour party.

A stable Libya is also crucial to our efforts. A political settlement there will do more than anything else to help us stop people making the dangerous journey across the Mediterranean. We must support the creation of a credible national Government whom we can work with and who can work with us to secure the Libyan coastline and interior, as the hon. Member for Birmingham, Perry Barr (Mr Mahmood) indicated earlier, and we are working, unilaterally and through the EU, to ensure that our development work helps those source and transit countries from which people are fleeing not persecution but poverty. We need to make it easier for people to improve their livelihoods without making long and dangerous journeys or fuelling the people-trafficking gangs.

The extension of our existing schemes announced by the Prime Minister yesterday builds on the Government’s comprehensive approach to this unprecedented challenge: our largest ever humanitarian aid programme providing help directly in the region; protection for those who need it; stopping people making these dangerous journeys by breaking the link between illegal immigration and settlement in Europe; disrupting the criminal gangs and bolstering source and transit countries; and leading international efforts to end the conflict in Syria, to defeat ISIL and to give the refugees the most lasting help we can—the peace and stability of their normal lives.

--- Later in debate ---

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Thank you, Mr Speaker, for allowing the House to have this debate today. I congratulate the shadow Home Secretary on her initiative in seeking the application for it under Standing Order No. 24. We will return to this subject again tomorrow in the Scottish National party’s Opposition day debate, so I think it is fair to say that it will not suffer from under-scrutiny.

I welcome and recognise the significant movement in the Government’s position that we have seen in recent days and weeks. I say to the Home Secretary, who I am delighted to see remains in her place throughout the debate, that where the Government get things right they will have the support of Liberal Democrats and, I suspect, of all Opposition parties. Yesterday’s announcement by the Prime Minister of humanitarian visas for five years is exactly the sort of initiative that we ought to be taking. It is welcome and we commend the Government for it. I also commend them for the work that they continue to do in-country with refugee camps, especially in Syria. That work is absolutely essential and a very good use of the money that we have in our international aid budget.

I also welcome the announcement that the number of refugees to be taken from Syria is now to go up to 20,000. However, spreading this over the five-year period of the Parliament needs to be looked at again, because the need for these people to come to this country is in the here and now. The Government’s refusal to accept the urgency and immediacy of the problem requires revisiting.

The other issue that requires revisiting is the Government’s insistence on raiding the international development budget to pay for this in-country work. It has been paid for from the reserves in the past, and I do not see why it should not be again now. The work of the Department for International Development is absolutely crucial in ensuring that, in the medium to long term, the need for people to leave their country as refugees is eliminated. Using this money for spending in-country is an exercise in robbing Peter to pay Paul.

As I said in my intervention on the shadow Home Secretary, I would like the Home Secretary to look again at the exclusion from assistance of those who have already made the journey and are already in Europe. The Government are right that in the medium to long term the solution will be to keep people within the country or within the region as far as possible, but does the Home Secretary really think that people are going to stop making that journey simply because we have punished those who have already made the decision to do so in the most desperate of circumstances? It brings to mind the Victorian distinction between the deserving and undeserving poor—that somehow some desperate people are worthy of support while others are not. We should help all those who need our help on the basis of their need and not on the basis of a decision they have made in desperate circumstances.

As has been said, this is a significant moment for our country. This debate is not just about refugees; it is about how we see ourselves and our place in the world. I say to the Home Secretary that it is clear that the Government have a lot of catching up to do with public opinion. The Prime Minister often speaks with dewy-eyed fondness about his support for British values. If that is true, we should consider his current position and compare it with that of the German Chancellor. When asked about the numbers arriving in Germany, she replied:

“If so many people brave such hardship to come here, this is a sign of approval for us…The world sees Germany as a country of hope and of chances. That hasn’t always been the case.”

That is masterful understatement, but the question it brings to my mind is how the people of Britain will be seen on the world stage. That is what is at stake here. It is not a question of numbers, but of our standing in the world. Although it is welcome that the Government have moved their position, that is why they now need to do a great deal more.

[Several hon. Members]

rose—

Calais

Alistair Carmichael Excerpts

Tuesday 14th July 2015 Commons Chamber

[Mr Speaker]

The resources of civilisation have not been exhausted. Precisely because I thought that ordinarily such a matter would be treated by way of a supplementary business statement, and in the light of the evident interest in the House in the matter, I will, with the agreement of the House, treat it as a supplementary business statement, in relation to which colleagues’ contributions are therefore not just invited but welcomed.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Further to that point of order, Mr Speaker. When the Leader—

[Mr Speaker]

Order. Forgive me if I did not make myself sufficiently clear. We are very pleased to have the Leader of the House here. What I said was that, as this would normally be a supplementary business statement, we will operate on that basis. Therefore, there is no “Further to that point of order.” The right hon. Gentleman, in his full splendour, can now ask a question to which I hope he will elicit a reply from the Leader of the House.

[Mr Carmichael]

Thank you, Mr Speaker. I very much share your hope in that regard. When the Leader came to the House last Thursday, he told us:

“on Monday I will, having listened to comments from hon. Members, publish a modified set of draft Standing Orders on English votes for English laws.”—[Official Report, 9 July 2015; Vol. 598, c. 451.]

As a consequence, I spent yesterday in a state of fevered anticipation, but went home at the end of the day an empty-handed and disappointed man. In fact, the draft set of modified Standing Orders was not published until after midday today. Do you know of any reason for that, Mr Speaker? How many hounds are we allowed to employ to flush out an explanation from the Leader of the House?

[Mr Speaker]

I have no knowledge of that matter. I very gently say to the right hon. Gentleman, whose humour has not deserted him, that his question and other questions must be directed not at me but at the Leader of the House, who can respond accordingly.