Immigration Detention

Chris Stephens Excerpts

Thursday 10th September 2015 Commons Chamber

[Mr Burrowes]

That is a good question, and the Minister will have time to find that answer—I hope it will miraculously come to him. My experience is that although there have been challenges on articles 3 grounds, I have not heard of that many findings in recent years. Progress has been made, not least in dealing with mentally ill prisoners, although the situation is not ideal and there is certainly room for improvement.

As the hon. Member for Sheffield Central said, many of these vulnerable people have faced a history of torture, trauma and persecution, only then to find themselves further abused in detention. As we found when we visited the IRCs, there has been improvement in recent years. There has been a change of management and they are doing their best, within the physical structures they are operating in, to improve both conditions and staffing. I note that, and recognise that there has been a response to these judgments and that improvements have been made. What we found on our visits to the IRCs—the Minister has a lot of experience in the justice field, so he will know this, too—is that they are, in essence, prisons with some soft furnishings and some plants. They have now put in more plants and a few more soft furnishings, but structurally and fundamentally that is what we are talking about. We recognise that we do not have a blank piece of paper, but it cannot be right that so many immigrants are detained for so long in prison-like conditions for administrative reasons.

[Chris Stephens (Glasgow South West) (SNP)]

Is one difficulty facing detainees that because detention centres are in isolated positions they find it hard to get legal representation, as solicitors find it difficult to visit places such as Dungavel regularly?

[Mr Burrowes]

There is a contrast to be drawn with the position of prisoners, certainly those on remand, who have good access to legal representation and always have privileges in relation to visits. Their situation is not wholly comparable with that faced by detainees, particularly in terms of proximity. There is legal access, particularly for those who are in longer-term detention, but the point is well made. It is important to compare the rights of detainees with those of others, not least convicted prisoners.

We must be there for those who do not always make the headlines, such as the constituent whom I mentioned—people who may well be convicted detainees. As we remember Magna Carta and seek to ensure that everyone is equal before the law, we need to demonstrate that we are thinking carefully about people’s individual circumstances and the need for all of them to be treated with dignity, whatever their backgrounds.

What is the point of all this? The public may assume that the length of time spent in detention is linked to removal from the United Kingdom, but the opposite is the case. According to the statistics, the longer someone is detained, the less likely it is that his or her detention will end in removal. The Home Office may argue—and, indeed, the argument has been advanced—that the length of detention is linked to the legal processes, such as appeals, that are undertaken on behalf of detainees, and to difficulties related to identification. It is suggested that there may be difficulties with other countries when efforts are made to obtain the appropriate travel documents and ID. However, as the report states, a team leader from the prisons inspectorate told the inquiry that

“a quarter of the cases of prolonged detention that they looked at were a result of inefficient case-working.”

We need to drill down into that case working, and aim to improve it. The recommendations recognise the complexity of the issue. It is easy to make the headlines, and it is easy to adopt a position, but we need to look carefully at this, and one of the report’s key recommendations is for the establishment of a working group with an independent chair.

The Home Office—indeed, the Minister—told the inquiry that a key purpose of detention was to maintain effective immigration control, but evidence for that is lacking, especially when we make comparisons with other countries, which is what we sought to do during our inquiry. Some of us had an opportunity to visit Sweden, for instance. We found that there were many differences between countries when it came to the way in which immigration was dealt with.

Australia is not particularly known for its liberal immigration policy, but after it introduced case management-based alternatives to detention, the programme had a 93% compliance rate, and 60% of those who were eligible for deportation returned voluntarily. It is important not just to look at the issue of limitation of time in detention, but to look, positively and proactively, at the issue of case management. In Sweden, there was a 76% rate of voluntary return, as opposed to 46% in the United Kingdom.

We need to consider affordability, about which the Government are very concerned. At a cost of £164 million, immigration detention is not sustainable or affordable. According to independent research by Matrix Evidence, £76 million a year is wasted on the long-term detention of migrants who are subsequently released, and, between 2011 and 2013, £10 million was spent on compensation for unlawful detention. That is why, like the rest of the European Union, we are calling for a time limit.

We need to firm up the Home Office guidance which states that detention should be used sparingly, and for the shortest possible time. We need to ensure that that really does bite. We are therefore calling for a 28-day limit, which should be a genuine last resort rather than an administrative default position, to ensure that those who have no right to remain here are quickly removed.

I believe that the country can do this. We have done it as a Government. The coalition Government managed to remove as many instances of child detention as possible, and we should take the next step. Yes, we may have a debate about controlling our borders, but we should do more. Whether people come here by fair means or foul, we should treat them with dignity to ensure that we genuinely reform the system of immigration detention.

Finally, let me return to Churchill. He famously said in relation to prisoners, but we can say it in relation to immigrants,

“The mood and temper of the public in regard to the treatment of”

—here I would say “immigrants”—

“is one of the most unfailing tests of the civilisation of any country.”

I believe we can meet that test.

--- Later in debate ---

[Chris Stephens (Glasgow South West) (SNP)]

I thank the hon. Members who petitioned me to sign up to secure this timely debate. In the short time I have been in this place, 45% of my casework has been on asylum-related issues. Indeed, I am becoming a regular correspondent with the Immigration Minister. I hope this debate on detention will be the start of looking at the many other issues surrounding the asylum process that are causing me concern. I will be using other parliamentary procedures to raise those issues.

Let me first welcome the excellent all-party group report, which sets out many of the issues. As my hon. Friend the Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) said, the report was backed up by an unannounced inspection of the Dungavel detention centre in June by Her Majesty’s inspectorate of prisons, which raised concerns about Home Office decisions on who is detained. Incidentally, some of those detained have a documented history of having been tortured and of having serious health conditions. The report adds further weight to the parliamentary inquiry carried out by the all-party groups.

The problems of detention will not be solved by tinkering; the problems are systematic. We know that because this year, to June 2015, 1,322 people have been brought to Dungavel as a first place of detention. We know from freedom of information requests by the BBC that, in January 2015, 22% of detainees resident at Dungavel had been detained for more than three months and that two individuals had been there for more than a year. That is too long and I agree that we need a 28-day time limit.

The effects of long detention were explained by my hon. Friend the Member for Rutherglen and Hamilton West (Margaret Ferrier). Detention means isolation. One of the problems with detention centres such as Dungavel is that they are in an isolated position. The nearest detention centre to Dungavel is Morton Hall in Lincolnshire, which is 270 miles away. People are brought to Dungavel from all over the United Kingdom. That exacerbates some of the negative impacts, and means it is difficult for detainees to maintain contact with family members and other social support networks. For family members without access to a car, journey times can be very lengthy indeed, often leading to an overnight stay which many cannot afford. The difficulties of maintaining contact will and does impact on the mental health of those detained.

One issue that has not yet been touched on is the loss of belongings. We know from reports that, sadly, it is not uncommon for detainees to be collected or detained and not given the opportunity to collect their belongings. That is a very serious issue indeed and Scottish Detainee Visitors has done a lot of work in that regard. People should be entitled to their belongings when they are in detention.

In Dungavel, there are 14 bed spaces for women, compared with 235 for men. The report is clear that, inevitably, there are risks associated with holding women in a predominantly male centre. The Home Office really does need to look at these specific issues.

In my exchange with the hon. Member for Enfield, Southgate (Mr Burrowes), I touched on the very important issue of access to legal representation. One of the problems in moving detainees from Scotland to England is that they have different systems, and a Scottish solicitor can find it extremely difficult to contact an English solicitor if a removal is expected over a short period. This is becoming a major issue in some of the cases I have been dealing with, so I hope the Home Office will consider it.

[Mr Virendra Sharma]

Does the hon. Gentleman agree that the problem is not only the poor legal system but lack of knowledge of the legal system among detainees, along with English language and communication problems?

[Chris Stephens]

I agree completely.

Detention centres are so far out of the way, solicitors can be unable to get to them and have to correspond by letter, which is not always appropriate. We are now finding that detainees, when they are released from detention centres, are being left in a state of destitution. It is up to charities, such as Scottish Detainee Visitors, to help them with their belongings and their transfer. That is very concerning, as is the impact it will have on other social services.