Illegal Migration Bill

Baroness Brinton Excerpts

Committee stage
Wednesday 7th June 2023 Lords Chamber

[Baroness Chakrabarti (Lab)]

I am very grateful, obviously, to the noble Lord for his intervention. I repeat:

“The Contracting States undertake to co-operate with the Office of the United Nations High Commissioner for Refugees”.


This was the body given special status in the drafting of the very precious convention that was drafted with key instigation by the wartime generation in this country for reasons that I need not repeat.

If we do not comply with guidance from the UNHCR in relation to the detention of asylum seekers and refugees, who will? For that reason alone, I am very glad to support the noble and learned Lord, Lord Etherton.

[Baroness Brinton (LD)]

My Lords, Amendment 70A in this group is in my name and also signed by my noble friend Lord German. It is focused on the protection of unaccompanied migrant children and child victims of modern slavery. Picking up on the theme from the noble Baroness, Lady Chakrabarti, I want to make a brief reference to the United Nations Convention on the Rights of the Child. Article 22 on refugee children says if a child is seeking refuge or has refugee status Governments must provide them with appropriate protection and assistance to help them enjoy all the rights in the convention.

There is consistent medical evidence that immigration detention is damaging the mental health of those who are detained. This Bill now forces children to be detained beyond the very short period which has been about acceptable before, although it was good that during the coalition years we stopped children being held in detention.

People seeking asylum have a very high prevalence of pre-existing vulnerabilities, including serious mental health conditions and histories of being trafficked, tortured and suffering sexual and gender-based violence. This puts them at particular risk of being further harmed in their time in detention.

The health implications of this Bill to detain people anyway without adherence to particular standards was highlighted by the events at Manston. As the right reverend Prelate the Bishop of Southwark has mentioned, it had a capacity of 1,600 but last autumn it was overcrowded, with the number of people detained nearing 4,000 following a decision by the Home Secretary not to send people on to hotels. People were beyond the 24-hour time limit without clear lawful basis for detention in holding rooms or five days in holding facilities.

My noble friend Lord German referred to the recent reinspection of Manston, but it is worthy of note that Charlie Taylor said there seemed to be some improvements while it was “fairly empty” but that he

“was not assured that if numbers increase … the site will be able to cope much better”

than last autumn, which is why I wish to persevere with my amendment. Conditions at Manston deteriorated very quickly and are likely to have amounted to inhuman and degrading treatment in violation of Article 3 of the ECHR, including overcrowded living conditions, unclean and unhygienic facilities, inadequate food provisions—some days without sufficient food or drinking water—lack of adequate medical care and spread of infectious diseases.

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[Lord Murray of Blidworth (Con)]

As I have already indicated, the standards that will be adhered to are those prescribed already in legislation. While the points set out in the UNHCR’s document map on in some respects, there is no exact overlap. The regime which will be applied is that which I have already described.

[Baroness Brinton (LD)]

I wonder if I could ask the Minister two questions. The first relates to his comment before last to my noble friend Lord Scriven about whether the Secretary of State for Education should be the corporate parent for government, as opposed to the corporate parent being local authorities. In the event where there is a delay after a child has arrived before a local authority is allocated to be the corporate parent, who is the corporate parent for that child? The Home Secretary does not have that power; there is no protection and no oversight. I say this in light of the fact that, in Kent, there is a special arrangement for Kent not to be the corporate parent for all unaccompanied minors that have arrived there, for fairly obvious reasons. The concern would be that that child might not get the protection that it needs. That is the first question, which is completely separate to the one on my Amendment 70A.

I am grateful to the noble Lord for his comments about appropriate healthcare, but without knowing what appropriate healthcare is and whether it meets standards that have been set out—even if he says that the guidance would not work—I am somewhat at a loss. Could he write to me to set out exactly what those standards were, because many doctors are extremely concerned about the current standards available for children in detention at the moment?

[Lord Murray of Blidworth (Con)]

Yes, certainly. In response to those two points, as the noble Baroness will have seen, we will discuss this again when we reach Clause 15. But Clause 15(1) provides that the Secretary of State may provide or arrange for the provision of accommodation in England for unaccompanied children. As the noble Baroness rightly identifies, presently in Kent there is an agreement which works well. Initial reception facilities are provided by Kent County Council as the corporate parent, then any unaccompanied asylum-seeking children are transferred within the national transfer scheme. Obviously, it is sensible to have the powers in Clause 15(1) as a backstop, in the event that those powers might be needed. I hope that therefore provides a complete answer to the noble Baroness’s first question.

In relation to the second part of her question as to the standards, as I hope I have already made clear, we will be applying the standards that presently remain. It is abundantly clear that those standards are very detailed as set out. I would be happy to write to the noble Baroness to outline what they are. We will definitely be able to provide that.

[Baroness Brinton (LD)]

I thank the noble Lord with regard to the first issue. I wondered if there was actual data on the time that it takes to provide that transfer for children. What I am concerned about is the gap; we may be discussing it later, but the noble Lord raised the issue himself. Could he provide me with a letter that shows exactly how long it takes to get that transfer through, because I am hearing that there are gaps?

[Lord Murray of Blidworth (Con)]

Because the powers in the Bill are obviously not yet in force, I cannot answer as to whether there would be a gap. But clearly it is anticipated—it is hoped—that there will not be a need to utilise the powers in Clause 15 routinely, because the situation with respect to Kent and other relevant local authorities should provide an answer. I am afraid that the noble Baroness cannot expect me to look into my crystal ball and predict what the situation will be after the Act is implemented.

[Baroness Brinton (LD)]

I am really sorry to prolong this. The noble Lord referred to the national transfer scheme. There is a concern that either it is taking some time or some children are not being transferred; they are, at the moment, without a corporate parent. There must be current data. That is why I ask: what is the normal gap and how many children have not been allocated?

[Lord Murray of Blidworth (Con)]

I am very happy that the noble Baroness has asked me that question. I am delighted to say that, as of yesterday, there are zero children in Home Office UASC hotels. They are all in the care of local authorities. I hope that provides a fairly clear answer to her question. Perhaps I can invite the noble Lord, Lord Alton, to intervene.