Illegal Migration Bill

Baroness Mobarik Excerpts

Consideration of Commons amendments
Wednesday 12th July 2023 Lords Chamber

Just last week, in the now notorious Mickey Mouse fiasco to which other noble Lords have already referred—let us see how many times it comes up tonight—we have seen the well-being of children sacrificed in the pursuit of the wish to appear intentionally unwelcoming to children, who will be way beyond frightened and scared. It is hard to avoid the conclusion that the Home Office lacks the basic humanity required, and even the understanding of what it means to be a vulnerable child. However, while I strongly urge the Government to reflect further on this matter, I will not be testing the mind of the House on Motion N2 tonight.

[Baroness Mobarik (Con)]

My Lords, I shall speak to Motion J1 in my name. First, I am grateful to the Minister for his invitation to discuss this matter last week and for acknowledging the particular vulnerabilities of children who arrive in this country alone. But, having carefully read the Government’s Amendments 36A and 36B in lieu, I think it is clear that the Bill would contain no absolute time limit or safeguards on the powers to detain unaccompanied children. Permitting a tribunal to grant bail to only some detained unaccompanied children, after eight days, is not the same as an actual time limit on detentions for all unaccompanied children. They would still be a great many unaccompanied children who could be detained without any time limit and to whom the First-tier Tribunal could not grant bail for 28 days. Therefore, I would like to provide the other place with an opportunity to reconsider this matter.

If an unaccompanied child is detained under any of the new powers in the Bill, under the amendments I now propose, that child cannot be detained for more than 72 hours. If in regulations the Home Secretary wishes to specify a time limit for detaining unaccompanied children for less than 72 hours, then of course she has that prerogative. However, a matter as fundamental as the ultimate period for which an unaccompanied child can be held in detention should not be left to mere regulations or verbal assurance. It must be stated in the Bill. Overturning the legal safeguards and time limits introduced—and I say once again, under a Conservative Prime Minister and Conservative Home Secretary—and detaining children without any stated time limit serves neither British nor Conservative values. Therefore, I will divide the House on this, so that we may provide the Commons with the opportunity to think again carefully about the powers created by this Bill. I ask the House to approve Motion J1.

[Baroness Lister of Burtersett (Lab)]

My Lords, with reference to Motion L, I welcome the government amendments, which have the same effect as our original amendments of restoring the status quo ante with regard to pregnant women.

Before my round of thanks, I have one query from the lawyer who has kindly been advising us. He says that his only concern is that they are a separate provision for the new powers in paragraph 16(2C) and proposed new subsection (2A) of Section 62 rather than reapplying the protection of Section 60. The reason that this matters is that for the purposes of the time limit, the period of detention under the old detention powers would not be aggregated with the period of detention under the new detention powers. However, now, in theory, a pregnant woman could be detained for up to seven days under the old detention powers and then for another seven days under the new detention powers. Could the Minister confirm that this is not the intention and that the powers would not be used in this way?

I turn to my thanks. First, I pay tribute to Women for Refugee Women, in particular Gemma Lousley, for all their invaluable work in pressing this amendment, and also to David Neale of Garden Court Chambers for his pro bono legal advice. I thank all noble Lords around the House who have supported the amendments by adding their names, speaking in support, voting in support or deliberately abstaining. I am particularly grateful to those Members—largely women, I think—on the Government Benches who could not bring themselves to support the Government on this. That there was so much support for the amendments on the Government Benches is largely down to the noble Baroness, Lady Sugg, who I think of as a noble friend. She has been tireless, both behind the scenes and on the Floor of the House, as was recognised by the Immigration Minister yesterday.

The preservation of the time limits on the detention of pregnant women in recognition of the likely health impact of the original proposal to remove them represents one small beacon of light in what otherwise continues to be the gloom of a punitive Bill that will do untold harm. The government Motion was described on both sides of the Commons yesterday as a no-brainer. Nevertheless, it would be churlish not to recognise that the Government have listened on this issue at least, and I thank them for doing so.

--- Later in debate ---

Moved by

[Baroness Mobarik]

Leave out from “36” to end and insert “, do disagree with the Commons in their Amendment 36A and 36B in lieu, and do propose Amendments 36C and 36D in lieu of Amendments 31, 35 and 36—

36C: Clause 10, page 14, leave out lines 41 to 44 and insert—
“(2E) If the person being detained under sub-paragraph (2C) is an unaccompanied child, then the person may not be detained under that sub-paragraph for more than a period of 72 hours.
(2EA) Where a person is detained under a provision of the Immigration Act 1971 and then (without being released) under a provision of the Nationality, Immigration and Asylum Act 2002, or vice versa, the period referred to in sub-paragraph (2E) begins with the point at which the person was first detained under the relevant provisions of either of those Acts.
(2EB) The Secretary of State may, by regulations, specify time limits of less than 72 hours that apply in relation to the detention of an unaccompanied child under sub-paragraph (2C).”

36D: Clause 10, page 16, leave out lines 32 to 34 and insert—
“(2C) If the person being detained under subsection (2A) is an unaccompanied child, then the person may not be detained under that sub-paragraph for more than a period of 72 hours.
(2CA) Where a person is detained under a provision of the Immigration Act 1971 and then (without being released) under a provision of the Nationality, Immigration and Asylum Act 2002, or vice versa, the period referred to in subsection (2C) begins with the point at which the person was first detained under the relevant provisions of either of those Acts.
(2CB) The Secretary of State may, by regulations, specify time limits of less than 72 hours that apply in relation to the detention of an unaccompanied child under subsection (2A).””

[Baroness Mobarik (Con)]

My Lords, I wish to test the opinion of the House.