Immigration Bill

Debate between Baroness Lister of Burtersett and Lord Bourne of Aberystwyth

Tuesday 1st April 2014 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, I speak very briefly in support of this amendment so that my noble friend Lord Judd is not on his own on these Benches in supporting it. The noble Lord, Lord Roberts, likened detention to hell, but it is probably more like purgatory because people are in limbo. The noble Lord, Lord Ramsbotham, referred to the mental health problems faced by people. Is it surprising that there are very serious mental health problems when people do not know how long they will be there? Just from common decency and humanity, I hope we will be able to support this amendment.

[Lord Bourne of Aberystwyth (Con)]

My Lords, nobody could be against the spirit in which this amendment was moved so persuasively and reasonably by my noble friend Lady Williams of Crosby, but I have one or two points to make. The Minister may wish to deal with them in summing up.

First, in relation to the European Union, there is probably a very good reason why the United Kingdom and the Republic of Ireland are the two countries which have not signed up to the return directive. That is because of our common law tradition. As the noble and learned Lord, Lord Lloyd of Berwick, very reasonably said, indefinite detention is unlawful, which is the position at the moment. People are able to apply for habeas corpus; to make, admittedly subject to the law, applications for bail; and are able to use judicial review. That is one reason at least why we appear to be out of line with other European Union countries on this point.