Higher Education and Research Bill

Debate between Baroness Hamwee and Baroness Lister of Burtersett

Report: 3rd sitting (Hansard): House of Lords
Monday 13th March 2017 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, I support the amendment. I will not repeat what I said in Committee other than to emphasise the importance of the amendment for promoting the integration of young people who have been granted humanitarian protection.

In Committee, the Minister, the noble Viscount, Lord Younger, responded that this issue,

“is already addressed within the student support regulations”—[Official Report, 25/1/17; col. 725]

in that, as we have heard, this group is eligible to obtain student support and have home fee status after three years’ residence. But he then acknowledged that those with refugee status are allowed to access student support immediately, and the implication seemed to be that three years is really not that long to wait. Three years may not be very long for us older people, but for a young person it is a lifetime. As my noble friend Lord Dubs said, to a young person in this situation three years is absolutely crucial.

The Minister also said that people with humanitarian protection under the Syrian resettlement scheme,

“are not precluded from applying for refugee status if they consider they meet the criteria”,—[Official Report, 25/1/17; col. 725.]

as if this was a straightforward thing for a young person to do. Neither the noble Viscount nor the Minister in the Commons would provide us with a satisfactory explanation for denying this group of young people access to higher education without a three-year wait, which, as I said, could feel like a lifetime.

I am encouraged by what my noble friend Lord Dubs said about what the Home Secretary has said. I would like once more to press the Government, through the Minister, to look again at the issue more generally, and I hope that part of the conversation with the Home Secretary was about this. There are one or two other ways in which humanitarian protection does not provide the same rights as refugee status. I know that this is being looked at in government, as I have been having a go at it in a number of ways. In answer to an Oral Question of mine a while ago, the noble Lord, Lord Bates, pointed out that the reason for humanitarian protection for the Syrian resettlement scheme is to enable them to move very quickly. I can understand that but, once they are here, surely it would be possible to review the situation and see whether full refugee status can be granted once the paperwork and everything can be looked at.

I hope that the Government will look at this. They say that they are looking at it, but nothing ever seems to happen. In the meantime, this amendment is the very least we can do to help this vulnerable group of young people to fulfil their potential and build a future in our country.

[Baroness Hamwee (LD)]

My Lords, having checked with my noble friend Lady Garden, I can say from these Benches that we support this amendment. The Minister referred at the last stage to keeping the issue under active review. I was going to ask what that meant and whether there had been any activation since.

The noble Lord, Lord Dubs, has to be optimistic. We all do, because it would be very depressing if one could not be optimistic on this subject; one would so rapidly go downhill on it. He referred to the situation as an anomaly. Indeed it is, as well as being intrinsically important. Only very small numbers of people must be affected by this, given the numbers who have humanitarian protection and those who might seek university education. I am quite puzzled as to what three years’ residence proves and what relevance it should have to an entitlement to that education or the ability to profit from a course.

As so often when we talk about higher education, the Bill has been a basis for our referring to the soft power of international links through higher education and so on, and to the contribution to the UK’s economy as a result of people benefiting from higher education. This cohort of people would contribute to the UK in just the same way as a result of it, and be one of those further links in good international relations. I am very glad that the noble Lord, Lord Dubs, has brought the matter back, and I look forward to some good news.

--- Later in debate ---

[Baroness Hamwee]

My Lords, my name is on this amendment as well. As the noble Lord said, this is a modest amendment, seeking only a review as set out in the amendment—although of course, if the Government were to tell your Lordships that they are about to announce an independent reviewer of the whole of Prevent, as David Anderson and others have called for, I do not suppose the noble Lord would object to that.

The UN special rapporteur on the rights to freedom of peaceful assembly and of association is among those who has commented on the operation of Prevent in educational institutions. With other members of the Joint Committee on Human Rights, I met the special rapporteur. It is quite a facer to be in a meeting with someone in that position and be told that your own country is not behaving quite as it should and quite as the UN rapporteur thinks it should, given that we are so used to criticising other countries in human rights areas.

I do not want to repeat everything that has been said on this and other occasions; I appreciate we have other things to get through tonight. However, it seems to me that universities are precisely the places not just where views which are not illegal by definition should be challenged, but where there should be the opportunity for those who are confused, interested or whatever, to hear, to listen and to join in the debate. Prevent cannot work without confidence and trust in its reliability and its effectiveness. For these reasons, the proposal to review its operation is entirely sensible.

[Baroness Lister of Burtersett]

My Lords, I am pleased to support the amendment and to follow the noble Baroness, Lady Hamwee, who, as she noted in Committee, joined the Joint Committee on Human Rights just as I left it. In Committee, I reminded noble Lords of the concerns raised across the House during the Counter-Terrorism and Security Bill about the application of the Prevent duty to higher education institutions. As we have heard, the present amendment does no more than call for an independent, authoritative review of how the duty now operates in those HE institutions. This would respond to concerns raised more recently by a range of organisations, including, as my noble friend Lord Dubs said, the Home Affairs Select Committee. These concerns include: possibly discriminatory impact; the question of the adequacy or otherwise of the training given to academics; and the human rights implications, echoing earlier concerns of the JCHR.

In Committee, the noble Baroness, Lady Goldie, said that,

“we welcome discussion about how to implement Prevent effectively and proportionately, but … we consider blanket opposition to the duty unhelpful”.—[Official Report, 25/1/17; col.762.]

As we have heard, the amendment no longer proposes blanket opposition. Surely, in order to have a well-informed discussion, as called for by the noble Baroness, it makes sense to have an independent review of how the policy is operating, as called for in the amendment, to inform that very discussion. I can understand why the Minister opposed the original amendment, even though I disagreed with her, but I can see no justification for opposing this much more modest, and I hope helpful, amendment as a basis for the discussion that she said the Government would like to see.

Immigration Bill

Debate between Baroness Hamwee and Baroness Lister of Burtersett

Tuesday 12th April 2016 Lords Chamber

[Baroness Hamwee]

My Lords, Clause 71 provides for the transfer of responsibility for relevant children. A relevant child is defined in subsection (9) as an unaccompanied child, while subsection (10) says:

“The Secretary of State may by regulations make provision about the meaning of ‘unaccompanied’”.

At the previous stage of the Bill, the noble Baroness, Lady Lister, raised the concern that an accompanying adult might not be—I use this phrase non-technically—an appropriate adult. There were concerns about trafficking. The amendment would put into the Bill the definition that is in current Home Office guidance on processing asylum applications by children.

While the amendment is to Clause 71, the same issue might of course arise in respect of Clause 70, the clause that your Lordships agreed on Division regarding the figure of 3,000 unaccompanied children. We will have to see what happens to that provision. In any event, taking a rather narrow technical point about Third Reading, that clause was not the subject of the reassurance from the noble Lord, Lord Bates, that he would put in writing how the term “unaccompanied” would be defined and would operate, and that he would do so by Third Reading. Given the change of Minister last week, I contacted the noble Earl’s office to ask if there would be a letter, and at the point when I tabled the amendment there was not. It arrived around 6 pm yesterday and I read it some time later, and I thank him for it. The letter says that there is,

“no intention to alter the definition”,

for the purposes of this clause. In situations where an asylum-seeking child,

“is accompanied by an adult who is not a parent or relative”,

Home Office officials will,

“verify the identity of the adult and establish the relationship with the child”.

I am not sure whether the relative referred to there is one who by custom has responsibility for the child, otherwise there would be a change from current guidance, although I gather that Home Office guidance is currently being rewritten. What I am really not clear about is why the Bill needs to allow for any flexibility or change in the definition, so it is important to get the position on record.

I was concerned about the reason for leaving the matter open in the way that the Bill does. When I was looking into this at the weekend, I found that the definition used by the Committee on the Rights of the Child is slightly broader because it refers to “other relatives” as well as parents. It occurred to me that it is known that “other relatives” are sometimes traffickers, which is why the wording is not used in the Home Office definition. There may be issues around siblings or other family members. However, it is important that we get the position on the record. It would be preferable to get it into legislation, but at any rate we should understand what the parameters are of the regulations that the Secretary of State might make. I beg to move.

[Baroness Lister of Burtersett]

Once again, my Lords, I am very grateful to the noble Baroness, Lady Hamwee, for tabling this amendment. With her usual lawyer’s quickness, she picked up the point that I raised on Report. As I said then, it is a point that was raised with me by an organisation local to me in the East Midlands, Baca. It was worried because it could not understand why that wording was there. It is perhaps not surprising if groups are worried and perhaps slightly cynical when they come across measures that they do not understand, given that there is so much in legislation that they do not like. So I am delighted that, at the last minute, the letter from the noble and learned Lord, Lord Keen of Elie—not the noble Earl—made it very clear that the definition, as in the amendment, is,

“separated from both parents and is not being cared for by an adult who in law or by custom has responsibility to do so”.

It is helpful to have that in Hansard because of course your average punter cannot read the letters sent between Ministers and Members of your Lordships’ House. I am sure that the noble and learned Lord will repeat that for the record. Also, like the noble Baroness, I would appreciate an explanation of why this clause is necessary, given that this is, as the letter says, the,

“established definition in the Immigration Rules”,

and it is accepted by the UN. I am glad that through this organisation raising this matter with me, we have some clarity on what is meant by it.

[Lord Keen of Elie]

I am obliged to the noble Baronesses, Lady Hamwee and Lady Lister. As they have observed, there is already an established definition of “unaccompanied” in the present context. It is not in guidance alone; it is in the Immigration Rules, and that is important. The definition states that an unaccompanied asylum-seeking child is someone who—perhaps I may, as suggested, read this into the record—is under 18 years of age when the claim is submitted, is claiming asylum in their own right, is separated from both parents and is not being cared for by an adult who in law or by custom has responsibility to do so.

Following the commitment given by my noble friend Lord Bates on Report to explain how the definition would operate, I wrote to the noble Baronesses—albeit, as they observed, at the last minute—to confirm that there is no intention of altering the definition of “unaccompanied” as set out in the Immigration Rules for the purposes of the transfer provisions in the Immigration Bill. Furthermore, defining particular categories in primary legislation is not always desirable or even necessary. As your Lordships will appreciate, there are times, particularly in the context of the current migration crisis, when the Government need to respond quickly to changing circumstances.

I should make it clear that at present we have no intention of amending the definition of “unaccompanied”. We would do so only in response to a significant change in circumstances, but it is important that in such circumstances we are able to react swiftly and efficiently. Clearly, regulations subject to parliamentary scrutiny are a more appropriate way to achieve that result than placing something on the face of this Bill.

I reassure the noble Baronesses, Lady Hamwee and Lady Lister, that safeguarding and promoting the welfare of vulnerable children is at the forefront of the Home Office’s work with the Local Government Association and the Department for Education to develop a transfer scheme for unaccompanied asylum-seeking children. I understand the concerns about the definition of “unaccompanied”—it may have unintended consequences and inadvertently place children in the hands of traffickers—but immigration officials working with these vulnerable children are trained to be alert to any signs that a child is at risk of harm or abuse or may have been trafficked. Where an asylum-seeking child is accompanied by an adult who is not a parent or a relative, Home Office officials work with local authority children’s services to verify the identity of the adult and establish the true relationship with the child. If that relationship cannot be verified or there are ongoing welfare or safeguarding concerns, the child will be treated as unaccompanied.

In the light of those points and our recent correspondence confirming that we have no intention of amending the already established definition of “unaccompanied” for the purposes of the transfer provisions, I invite the noble Baroness to withdraw the amendment.

Immigration Bill

Debate between Baroness Hamwee and Baroness Lister of Burtersett

Tuesday 9th February 2016 Grand Committee

[Baroness Hamwee (LD)]

My Lords, much has been said about the part played by modern communications in the current conflict. Part of that is that we cannot claim ignorance of what is happening. The media, NGOs, colleagues and friends—I, too, have friends who have undertaken voluntary work in northern France—make so abundantly clear what is happening that we cannot escape that information.

I want to pick up on a couple of points that are used as arguments in this debate. One is the idea that children should be kept in their own region and culture, among people from similar backgrounds. Leave aside the variety of people who are volunteering to help children, is it better for children to stay in the region or to be alive, with shelter, not being abused or trafficked, and with access to food, education, health services and so on? Do we keep children in the region so they can be reunited with their families?

I am not persuaded that the administration and the records that will be available if they stay in the region will be better than they would be if the children were brought to this country through a government scheme. I am sure the records will be kept very carefully. I have seen somewhere that the UNHCR regards the chances of relocation if children are brought to this country as still being high. On the question of family reunion—children who are refugees in their own right have rights—it is said that this is, in fact, an underhand way of getting the rest of the family into the UK by sending the children on ahead. I simply do not believe that that is likely except, perhaps, in a very small handful of cases. In any event, the children have rights.

In previous debates I have acknowledged the difficulties in finding foster parents. I know what is said about all the volunteers: there is a general shortage of foster parents for British children. Maybe this will break some sort of logjam. I acknowledge the support that will be needed for foster parents and for local authorities. It is very important to recognise all that because people who are dealing with these children will be dealing with very sensitive, difficult, delicate situations and children who, almost inevitably, will have been damaged. We hope that this is an exercise in not damaging them further.

Like other noble Lords, I have been fascinated by the extracts from Hansard from 1938 and 1939. Not only are the arguments those that are being used today but the ancestors of a number of current Members appear in them. The then Earl of Listowel pointed to a precedent on which Her Majesty’s Government had acted before: the work of the International Red Cross in the south of France. Our shared heroine, Eleanor Rathbone, said:

“We are apparently willing to abandon them”—

the refugees—

“to the danger of being handed over to their deadly enemies rather than risk a few thousand pounds in bringing them over. I know that the Under-Secretary has sympathy in this matter, and I appeal to him to do something to speed up the mechanism and to relax these regulations … Cannot we risk a few thousand pounds rather than abandon these people to the terrible fate that may possibly await them? I feel that in this small matter we may appeal with some hope of success for the Government to adopt a more farsighted and generous policy than heretofore”.—[Official Report, Commons, 31/1/1939; col. 151.]

The leader of the Liberal Democrats, Tim Farron, has been very clear about our party’s stance on this and has been a part of the call for the Government to enable this number of children to be brought here. He has done so because, as the noble Lord, Lord Judd, said, it is right. However, this is not a party-political issue. What is most important is that this has caught the public mood of the moment and we should go with it.

[Baroness Lister of Burtersett (Lab)]

My Lords, I am pleased to support my noble friend. The Government are to be applauded for the aid they are giving directly to the region and their recent statement regarding resettling some unaccompanied children, mainly from the region. However, as Heidi Allen MP said on the “Week in Westminster” on Sunday, no amount of such aid can help those in Europe now. In a recent Commons debate on child refugees in Europe, Sir Eric Pickles—not someone I normally quote in support of an argument—said that while the Government are quite right to keep children in the region,

“we are where we are. There are children at risk, and I urge the Government to look carefully at that”.—[Official Report, Commons, 25/1/16; col. 41.]

Perhaps, more accurately, we should say these children are where they are. Refusing to help them is not going to result in them returning to their homelands. Instead, they are stuck in appalling conditions. The International Development Committee took up Save the Children’s recommendation that we should take 3,000 unaccompanied children. It made a very strong recommendation in support of that and called for urgent action from the Government on it. The committee warned that children are prey to exploitation by people traffickers—the very thing that the Government say they want to avoid by supposedly not encouraging children to make the perilous journey to Europe.

Ministers rightly say that any action to assist unaccompanied minors must be in the best interests of the children and that this is their primary concern. But how can it be in the best interests of unaccompanied children to be left to fend for themselves in the camps of Calais and Dunkirk without hope and, as we have already heard, at the mercy of hunger, cold, exploitation and people traffickers? Like my noble friend Lord Dubs, I am not totally clear what the Statement of 28 January promised. In particular, can the Minister confirm that, as Save the Children says, it is intended to try to reunite lone child refugees who are already in Europe with families in the UK? If so, that is welcome, but can he say exactly what is intended and how many children he expects will be helped in this way?

Finally, I take this opportunity to ask the Minister about a report in the Independent on Sunday that the Council of the EU is discussing measures that could have the effect of criminalising individuals and charities that help Syrian refugees, including children, when they arrive on the European mainland—in particular, on Greek islands. The noble Lord, Lord Roberts, talked about what we owe those people, who are doing amazing humanitarian work. Can the Minister give an assurance that the Home Secretary will oppose any such measures? The very suggestion that such humanitarian action could be equated with people smuggling is, frankly, quite abhorrent. I hope that the Minister can assure us that the report is unfounded—I do not necessarily believe everything that I read in the newspapers but this is an opportunity to check it out—and, if it is not unfounded, that the Home Secretary will vigorously oppose any such move.

In the mean time, I hope that the Minister—I agree with what has been said; I know that he is a Minister who listens and cares—will be able to give hope to children who need it. I hope, too, that, even if it is not a final response to my noble friend, he will be able to give a response that at least leaves the door ajar.

Immigration Bill

Debate between Baroness Hamwee and Baroness Lister of Burtersett

Wednesday 3rd February 2016 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, I shall speak to Amendment 231, to which I have added my name, but I would be more than happy if Amendment 234 were to be accepted because I acknowledge that we need to act as quickly as possible to enable family reunion. My noble friend Lady Kennedy of The Shaws talked about the experience of her husband’s family in the 1930s. It was very similar in my own family. My father came as a young man to this country from Nazi Germany in the early 1930s and his parents, my grandparents, were allowed to join him in the late 1930s having escaped to Palestine and then coming to this country, so the question of family reunion has great personal significance for me.

ILPA has provided us with extracts from parliamentary debates in the 1930s and 1940s, and I was particularly struck by a speech by the then Earl of Listowel, who said in 1939:

“There is a common assumption underlying this debate … that these refugees are a common responsibility of every civilised nation, and that each country has to play its part, according to its economic resources and according to its opportunities for offering temporary asylum or permanent refuge, in providing the means of life for these helpless and persecuted people. The question surely that is before our minds first and foremost this afternoon”—

they probably did not go quite as late in those days—

“and is naturally one that confronts every member of the British Legislature is: Is this country really making its rightful contribution?”.—[Official Report, 5/7/1939; col. 1026.]

The answer today has to be no. We are not playing our part according to our economic resources when compared with poorer countries in the region on the one hand and richer countries such as Canada and Germany on the other.

While I very much welcome recent government concessions, I fear that they do not go nearly far enough. This is the message of, for example, a statement made by more than 300 eminent lawyers last autumn who, among other things, called for the establishment of safe and legal routes to the UK from both within and outside Europe. One element of that, they argued, would be humane family reunion policies such as allowing child refugees in the UK to be joined by adult family members. This would help avoid the tragedies that continue to occur in the Mediterranean where already this year 149 people have died trying to cross, according to Save the Children. Just this week over 120 leading economists have sent a similar message in an open letter to the Prime Minister.

The British Red Cross writes of heart-breaking cases it encounters of separated families not covered by the existing rules, such as the two Syrian brothers who wanted to be reunited with their mother stuck in a camp in Iraq, having been recently imprisoned in Syria. She was alone with no family and in a second country but did not qualify for family reunion. I know that the Government’s argument is that if refugee children were entitled to bring their parents into the country, it would act as an incentive to send children on ahead to secure leave. But as ILPA points out, these children are given leave to remain not because they are children but because they are recognised to have a claim as refugees. While parents understandably prioritise getting their children to safety, surely it is cynical to believe that they would deliberately put their children in the hands of smugglers to make such a dangerous journey alone as a ploy to get entry themselves. As Save the Children put it, we are talking about:

“A terrifying push, not an enticing pull”.

It reminds us of children’s rights under the UNCRC to remain with or be reunited with their family.

The Government claim to be the party of the family. In the guidance on the family test, the list of,

“relationships at the heart of family life”,

as it puts it, includes a wide range of family relationships, including extended families. Yet the Government take the most narrow and exclusionary approach to family relationships when it comes to the reunion of a particularly vulnerable group of families. I believe that if the Government were to accept one or other of these amendments, or bring forward their own amendment on Report, this would be widely welcomed.

[Baroness Hamwee (LD)]

My Lords, as my name is to Amendment 234, I will give my story of doctors—I am thinking of the example of the noble Baroness, Lady Kennedy—who left the country because of our family visa restrictions. I did some work on family visas in 2013, a year after the current rules were introduced. I felt as if I had almost physically been hit between the eyes when I realised that these rules were applying in situations which noble Lords have described. It is possible for the Government to grant visas on the basis of exceptional, compelling or compassionate circumstances outside the rules. The Minister will recall his Written Answer to my Question that disclosed that the number of applications granted outside the rules was 77 in 2011 and by 2014 had declined to 12.

The basis of these amendments, and the fact that we do not believe that this would be a pull factor, has already been covered. I shall try not to repeat too much of what has been said. I am very aware that it is not sensible to seek to make too many arrangements on the basis of anecdotes and very individual circumstances—hard cases, bad law, and all that. But there are so many stories. The Guardian published an article about two British citizens who had been granted refugee status and then become citizens, but could not bring their family members to the UK because of the income threshold that is part of the family visa rules. They are actually living with their wives and children in a camp in Dunkirk. Those who have seen the conditions in that camp will be appalled that that has come about.

Immigration Bill

Debate between Baroness Hamwee and Baroness Lister of Burtersett

Monday 1st February 2016 Lords Chamber

[Baroness Hamwee]

My Lords, were my noble friend Lord Avebury able to be here, I think he, too, would have started with short-term holding facilities. I feel I am letting him down by not having a specific amendment on the point.

When the all-party group undertook its inquiry, to which much reference has been made, I was particularly struck by the paradox of detainees both fearing and hoping for sudden change—or that things would stay the same way. It was well expressed by Dr Melanie Griffiths, who is quoted in the report as saying:

“By being detained indefinitely, without knowing how long for and with the continual possibility of both imminent release and removal, detainees worry that detention will continue forever and also that it will end in unexpected deportation the next morning. They have the simultaneous concern both that there will be sudden change and never-ending stasis. It is the lack of temporal predictability that prevents deportable individuals not only from being able to plan for the future, but also from having the ‘stability’ of knowing that the present will remain uncertain for a protracted length of time”.

A number of these amendments are concerned with time limits and timescales. The inquiry made a number of recommendations and comments, one of which was about the link with mental health. As the report expresses it, there is,

“a considerable mental health cost to detainees”.

The report also said that,

“the lack of a time limit, far from aiding Home Office effectiveness, was itself an incentive to poor case-working”.

The Government say that an arbitrary time limit is unnecessary, because we should have whatever is reasonable—although of course what is reasonable is often in the eye of the beholder. They also say that an arbitrary time limit—“specific” would perhaps be a better word—would become the norm and an incentive for non-compliance. However, those of us advocating a time limit do not wish to overlook the individual characteristics or indeed the changes over time and the changes of combinations of factors which may apply to individuals. We do not like a tick-box approach to vulnerability.

There are a lot of amendments in this group. I have signed up to all of those in the name of the noble Lord, Lord Ramsbotham, and started by supporting Amendment 218, which is the straight 28-day amendment, rather than the proposal for a review, which is in the first of the amendments in the group. After the Shaw report was published, and after we had addressed the issue at Second Reading, I discussed with the noble Lord, the noble Baroness, Lady Lister, and other members of that inquiry whether we might look for an alteration—I was going to say slight relaxation, as it were, but that would be a very bad term for me to use in the context—to the 28 days in the event of something exceptional.

The first of the two approaches in Amendments 218A and 218B is that the Secretary of State would go to the tribunal on the basis that bail is not in the public interest. I hope that would answer the critical comments made by the noble and learned Lord, Lord Brown of Eaton-under-Heywood, at Second Reading that there must always be some exceptions. We have had a go at a reference to offences which are in Schedule 4 to the Modern Slavery Act. That was suggested by somebody who has been concerned with this subject for a long time. I am not sure that it would be my preferred approach, but the intention was to present some possibilities to the Government as to how they might achieve 28 days, or a specific time limit, but with any absolutely necessary exceptions.

The other amendments—particularly Amendments 216ZA, 216ZB, 216ZC and 216ZD—are drafted directly from the Shaw report in the hope that the Government will give a detailed response to each of them. As the noble Lord said, we had a short response in the Written Ministerial Statement. I hope that the Minister, whose task tonight is considerable, has been briefed to give a response to each point. We could have tabled 64 amendments but that might have tested the patience of the Committee a little too much. Of course, none of this actually needs legislation; the Government could just get on with it. The essential items that lend themselves to an amendment are ones to which I and, I know, others would like a detailed and specific response.

[Baroness Lister of Burtersett (Lab)]

My Lords, I rise to support the various amendments in this group, focused in particular on the case for a time limit and for the absolute exclusion from detention of pregnant women.

As has already been said, like the noble, Lord Ramsbotham, and the noble Baroness, Lady Hamwee, I was a member of the all-party parliamentary inquiry into detention. Unlike them, I knew very little about detention beforehand and so was perhaps the more shocked by what I heard from both professionals and people who had been detained. One message that hit me with particular force was the impact of detention on the mental health of detainees—we have heard a bit about that already. It is clear that this was true for Stephen Shaw, too. In his very fine report, he states at the outset that,

“the impact of detention upon detainees’ mental health, has been at the heart of this review. For that reason alone, it is not possible to distinguish the fact of detention from the consequences for welfare and vulnerability”.

He based this conclusion in part on a literature review by Professor Mary Bosworth, to which my noble friend Lord Rosser referred and which Shaw suggests was perhaps the “most important contribution” made by his report. He concludes that it,

“demonstrates incontrovertibly that detention in and of itself undermines welfare and contributes to vulnerability”.

Professor Bosworth’s review found a clear link between duration of detention and mental health outcomes. She also points to qualitative studies that indicate that the uncertainty arising from no time limit creates additional difficulties, and concludes that in the absence of clinical studies,

“it is clear at the very least that uncertainty makes detention more difficult”.

That resonates with what we heard in our inquiry. For instance, Dr Robjant of the Helen Bamber Foundation told us that its clients talk about it increasing their sense of hopelessness and despair.

Despite the restrictions placed on his remit, Stephen Shaw raised serious questions about numbers detained, the length of detention, the impact of the unknown length of detention on vulnerability, and the need for alternatives. He emphasises from the outset that his recommendations, in themselves, do not go far enough. We must take seriously what in my view is a clear steer that we need to go beyond recommendations designed to mitigate the “diswelfares” associated with detention, important as they are, and address the underlying question of the role of detention itself, and in particular the question of the absence of a set time limit on its duration.

Since the parliamentary inquiry’s report, the UN Human Rights Committee has recommended that the UK introduce a time limit. In oral evidence to the Public Bill Committee on this Bill, a representative of the UNHRC stated that his one wish would be the introduction of a time limit on detention—which, he underlined, was within the scope of the Bill. In addition to the unanimous vote in the other place in support of our inquiry which has already been mentioned, there was strong support for a time limit when the report was debated in your Lordships’ House in March, including from the former Home Secretary, the noble Lord, Lord Hurd of Westwell, who deemed it “deeply unsatisfactory” that detainees,

“have no certainty in their lives about when they might be removed from detention”.—[Official Report, 26/3/15; col. 1569.]

This point was echoed by the noble Lord, Lord Cormack, who said that,

“it is worse than that, because it deprives people of hope”.—[Official Report, 26/3/2015; col. 1578.]

We have heard other arguments in favour of a time limit, which I shall not go into. Let us now use the opportunity of this Bill to provide hope for migrants and asylum seekers deprived of their liberty by a detention system shown to be deeply unsatisfactory by legislating for a time limit and encouraging the Government to develop effective community alternatives.