Short-term Holding Facility (Amendment) Rules 2022

Baroness Lister of Burtersett Excerpts

Tuesday 18th April 2023 Lords Chamber

Moved by

[Baroness Lister of Burtersett]

That this House regrets that the Short-term Holding Facility (Amendment) Rules 2022 (SI 2022/1345) remove important safeguards and reduce the standards for the lawful detention beyond 24 hours of migrants, including children and vulnerable adults, at the immigration detention facility in Manston, Kent; that the Home Office has not consulted on these changes nor provided an adequate policy justification for them; and that this potentially contentious legislation was brought into effect while the House was in recess.

Relevant document: 25th Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument)

[Baroness Lister of Burtersett (Lab)]

My Lords, the wording of this regret Motion is taken in large part from the highly critical report of the Secondary Legislation Scrutiny Committee, which draws the rules to the special attention of the House. Its report reflects the grave concerns expressed in a joint submission from Medical Justice, Freedom from Torture, Bail for Immigration Detainees, Rainbow Migration, JRS UK, the Helen Bamber Foundation, and Detention Action. I am grateful to Medical Justice and Freedom from Torture for their help with this Motion, and refer to the register for support from RAMP.

By way of background, a short-term holding facility is a type of immigration detention centre governed by legal rules that regulate the amenities and services that different types of facility must provide. There are two types: residential STHFs, and non-residential “holding rooms”. Normal maximum detention times are five days in the former and 24 hours in the latter. These rules create a new category called “residential holding room” which is now being applied to the Manston facility, a non-residential holding room, which attracted considerable criticism recently for its dreadful conditions and unlawful operation. Residents of RHRs will be detained for a normal maximum of four days, extendable in “exceptional circumstances”. Exceptional circumstances are not defined, but in its written response to the SLSC’s questions, the Home Office gave us an example: “unexpected and very large numbers of small boat arrivals”. Could the Minister tell us what would constitute an unexpected and very large number, given that the Government give the impression that large numbers are far from exceptional or unexpected at certain times of the year? Can he explain why there are no absolute time limits, as with residential STHFs?

Criticisms of the rules in the SLSC report and the joint submission concern both their substance and the process of their introduction. The joint submission draws attention to how the safeguards applied in existing residential short-term facilities are being “dramatically downgraded”, and standards regarding healthcare, communications, sleeping accommodation and access to legal advice are being reduced.

Modifications to Rules 32 and 30 mean that detainees with particular vulnerabilities and at risk of harm, who are especially likely to suffer damage from detention, are less likely to be identified. This includes torture or trafficking victims, and those experiencing suicidal ideation and other serious mental health conditions. Yet the existing statutory guidance on adults at risk recognises the need to ensure that vulnerable people are not detained inappropriately. The amended Rule 32 does not, for example, include a reporting mechanism for those with evidence of torture, so there will be no process for identifying and safeguarding this highly vulnerable group. The amended Rule 30 changes the deadline for medical screening from within two to 24 hours of admission, and even that can be lengthened in “exceptional circumstances”—again, that is not defined, but the same example of unexpected and large numbers of boat arrivals has been provided.

Examples of reductions in the standards applied in residential STHFs include the absence of a firm requirement for separate sleeping accommodation for people of the opposite sex, and for minors or families to be in sleeping accommodation that is inaccessible to unrelated detained persons. Others reduced rights to communication: can the Minister clarify whether those held in an RHR will be permitted face-to-face visits, such as from external organisations? If so, will any restrictions be placed on who may visit? Of particular importance is the ability to meet a legal adviser; can the Minister confirm that RHRs will make provision for legal advice and representation, including the right to face-to-face meetings?

The SLSC underlines that:

“The overall effect … is that the facilities and amenities available to people who may be detained for four days are materially lower than those deemed necessary for people who may be detained for five days”.


The committee was not impressed by the Home Office’s response to its question as to why this was appropriate. Unlike the Home Office, it does not consider the appropriate comparison to be with the rules applying to non-residential holding rooms. Given that this is a new category of residential holding facility, the committee is surely right to make the comparison with other short-term residential facilities.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

Of course; I entirely accept that.

[Baroness Lister of Burtersett (Lab)]

My Lords, I am very grateful to everybody who has spoken, all of whom I think have deepened the arguments and reminded noble Lords what is at stake here. I am grateful to the Minister for spelling out the Government’s case. I suspect he did not manage to answer all the questions, so I would be very grateful if he could look through Hansard and write to everybody who spoke in answer to those questions.