Immigration Bill

Baroness Lister of Burtersett Excerpts

Tuesday 26th April 2016 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, briefly, I support Motion A1. I have participated in a number of debates in this House on this issue and I have yet to hear a convincing argument against providing this most basic civil right to asylum seekers.

As the noble Lord, Lord Alton of Liverpool, made clear when he moved the Motion so ably, we are yet to see any serious evidence in support of the current policy. But there is plenty of evidence of the demoralising impact it has on asylum seekers. For example, a woman quoted in the most thorough research that I have seen into the reasons people choose to seek asylum in this country said:

“Sometimes I just cry. It’s like I am worthless, like I am just this piece of junk”.

No human being should be made to feel like that, and that is why I support the Motion.

[Lord Green of Deddington (CB)]

My Lords, I am rather puzzled. If conditions for asylum seekers are so difficult in this country, why are there literally thousands of people camped around Calais who appear to want to get into this country in order to claim asylum? And why is it that, of those who claim asylum, 60% have already been working before they make their claim?

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[The Deputy Speaker (Lord Dear) (CB)]

I should inform the House that if this amendment is agreed to, I cannot call Amendment C2 by reason of pre-emption.

[Baroness Lister of Burtersett]

My Lords, I wish to speak to Amendment D1, but as a member of the all-party inquiry into detention I also want to make clear my support for Amendments C1 and C2.

I should first acknowledge that the Government’s Motion D represents progress on the status quo ante. However, it does not reach Shaw’s recommendation of an absolute exclusion of pregnant women embodied in Lords Amendment 85B. I can do no better than echo the Conservative MP, Richard Fuller, who said yesterday that for him it was a matter of principle that we should never detain a pregnant woman when we have the choice not to do so. That principle was also voiced recently by the Commissioner for Human Rights of the Council of Europe.

However, in a spirit of compromise—and with some regret—I will not insist that we stick to our principles today. Instead, my alternative to the Government’s amendment does three main things, all of which are designed to meet the Government’s own intentions and strengthen their amendment through the addition of safeguards. The first would write in,

“the over-riding principle that no pregnant woman shall be detained … save in the most exceptional circumstances”.

This is exactly what the Government say happens now, but all the evidence suggests that this is not the case, as confirmed by Stephen Shaw and those who gave evidence to him. However, if, in the noble and learned Lord’s view the inclusion of “most” makes this measure too restrictive, I would be open to the Government removing “most” and just saying “in exceptional circumstances”. However, at Third Reading, the noble and learned Lord was unable to give me any assurances that “exceptional” will truly mean exceptional in future. When scepticism was raised about Home Office procedures yesterday, the only assurance given was that this was something Stephen Shaw could look at when he reviews the measures. Welcome as this commitment to this further review is, we cannot wait another 12 to 18 months, during which time pregnant women could continue to be detained in other than exceptional circumstances. Therefore, it is crucial that we write this principle into the Bill.

Secondly, the amendment would change the meaning of “the relevant time” from which the 72-hour clock starts ticking from the later to “the earlier” of either,

“the time at which the Secretary of State is … satisfied that the woman is pregnant”,

or,

“the time at which the detention begins”.

Otherwise, 72 hours’ detention could in practice very easily become, say, 144 hours or more, if it takes time to establish that a woman is pregnant. Yet all the Government have said is that the period will be only up to 72 hours. If there are technical problems with the way I have done it, I am happy for those to be considered. However, “up to 72 hours” should be up to 72 hours. It may be that the power to redetain addresses some of the problems which the noble and learned Lord raised. Although I certainly would not want the power to redetain to be used as a norm, my amendment does not omit it—that is part of the amendment tabled by the noble Baroness, Lady Hamwee, which is designed to see what the Government’s intentions were. We do not want the kind of cat-and-mouse policy we had with the suffragettes where women are in and out, in and out. I am relieved that the Minister said that that was not the intention.

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Moved by

[Baroness Lister of Burtersett]

Leave out from “their” to end and insert “Amendment 85A, do disagree with the Commons in their Amendment 85B, and do propose Amendment 85C in lieu of Commons Amendment 85B—

85C: Page 38, line 7, at end insert the following new Clause—
“Limitation on detention of pregnant women
(1) This section applies subject to the over-riding principle that no pregnant woman shall be detained under a relevant detention power save in the most exceptional circumstances.
(2) This section applies to a woman if the Secretary of State is satisfied that the woman is pregnant.
(3) A woman to whom this section applies may not be detained under a relevant detention power for a period of—
(a) more than 72 hours from the relevant time, or
(b) more than seven days from the relevant time, in a case where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).
(4) In subsection (3) “the relevant time” means the earlier of—
(a) the time at which the Secretary of State is first satisfied that the woman is pregnant, and
(b) the time at which the detention begins.
(5) A woman to whom this section applies who has been released following detention under a relevant detention power may be detained again under such a power in accordance with this section.
(6) A pregnant woman may only be held under a relevant detention power in a short-term holding facility within the meaning of Part 8 of the Immigration and Asylum Act 1999, or pre-departure accommodation within the meaning of section 147 of that Act, where her needs can be met and provision made for her medical care, except where the woman is being transferred to or from a short-term holding facility or pre-departure accommodation in a manner which makes provision for her care and where the journey does not exceed one hour.
(7) This section does not apply to the detention under paragraph 16(2) of Schedule 2 to the Immigration Act 1971 of an unaccompanied child to whom paragraph 18B of that Schedule applies.
(8) In this section—
“relevant detention power” means a power to detain under—
(a) paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal),
(b) paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation),
(c) section 62 of the Nationality, Immigration and Asylum Act 2002 (detention of persons liable to examination or removal), or
(d) section 36(1) of the UK Borders Act 2007 (detention pending deportation);
“woman” means a female of any age.
(9) The Immigration Act 1971 is amended in accordance with subsections (10) and (11).
(10) In paragraph 16 of Schedule 2 (detention of persons liable to examination or removal) after sub-paragraph (2A) insert—
“(2B) The detention under sub-paragraph (2) of a person to whom section (Limitation on detention of pregnant women) (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.”
(11) In paragraph 2 of Schedule 3 (detention or control pending deportation) after sub-paragraph (4) insert—
“(4ZA) The detention under sub-paragraph (1), (2) or (3) of a person to whom section (Limitation on detention of pregnant women) (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.”
(12) In section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State) after subsection (7) insert—
“(7A) The detention under this section of a person to whom section (Limitation on detention of pregnant women) (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.”
(13) After section 78A of the Nationality, Immigration and Asylum Act 2002 insert—
“78B Restriction on removal of pregnant women etc
(1) This section applies in a case where a woman who is pregnant is to be removed from or required to leave the United Kingdom other than in cases where a woman has arrived in the United Kingdom but has not yet entered the United Kingdom within the meaning of section 11(1) of the Immigration Act 1971.
(2) During the period of 28 days beginning with the day on which the relevant appeal rights are exhausted the pregnant woman may not be removed from or required to leave the United Kingdom.
(3) The relevant appeal rights are exhausted at the time when the pregnant woman could not bring an appeal under section 82 (ignoring any possibility of an appeal out of time with permission).
(4) Nothing in this section prevents any of the following during the period of 28 days mentioned in subsection (2)—
(a) the giving of a direction for the removal of a person from the United Kingdom,
(b) the making of a deportation order in respect of a person, or
(c) the taking of any other interim or preparatory action other than detention under Immigration Act powers.
(5) In this section references to a person being removed from or required to leave the United Kingdom are to the person being removed or required to leave in accordance with a provision of the Immigration Acts.”
“(2A) The detention under subsection (1) of a person to whom section (Limitation on detention of pregnant women) (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.””
(15) After section 54A of the Borders, Citizenship and Immigration Act 2009 insert—
“54B Cases of pregnant women
(1) The Secretary of State must consult the Independent Family
Returns Panel in each case where—
(a) a woman who is pregnant is to be removed on how best to safeguard and promote the welfare of the pregnant woman, and
(b) the Secretary of State proposes to detain a pregnant woman in pre-departure accommodation or in a short-term holding facility about the suitability of doing so, having particular regard to the need to safeguard and promote her welfare.
(2) The Secretary of State may by regulations make provision about the constitution of the Independent Family Returns Panel in cases involving pregnant women, and such regulations must provide for the panel considering such cases to include persons with expertise in the care of pregnant women and in maternity care.
(3) Regulations under this section must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(4) In this section—
(a) “pre-departure accommodation” and “short-term holding facility” have the same meaning as in Part 8 of the Immigration and Asylum Act 1999; and
(b) references to a person “being removed from or required to leave the United Kingdom” are to the person being removed or required to leave in accordance with a provision of the Immigration Acts.””