Healthcare: Yarl’s Wood

James Brokenshire Excerpts

Wednesday 6th January 2016 Westminster Hall

[The Minister for Immigration (James Brokenshire)]

It is a pleasure to serve under your chairmanship, Sir David. May I congratulate the hon. Member for Edmonton (Kate Osamor) at the outset on securing this debate and on her contribution? I know that she feels strongly about this subject and has been committed to it over a period of time and since she has been in the House. I know how deeply she feels about these issues, as her contribution showed. I am genuinely grateful for the manner in which she has approached this debate.

As the hon. Lady indicated, one of the first things I did following the general election and my reappointment as the Immigration Minister was to visit Yarl’s Wood, recognising a number of the issues raised about the centre, and I specifically visited the healthcare centre at that time. I can certainly assure her and other Members of our focus on this issue and, indeed, the importance that the Home Secretary and I attach to the dignity and welfare of those in detention. That is of the utmost importance, and we take those responsibilities extremely seriously. I hope to talk about some of the generalities of the policy, to focus on Yarl’s Wood specifically and to address rule 35 access to independent medical examinations, as well as some of the other points flagged up, in the time available to me.

Our policy is that vulnerable people should not normally be detained under immigration powers. Our processes are designed generally to prevent vulnerable individuals from being detained unless there are very exceptional circumstances and, when vulnerability emerges after the point of initial detention, we aim to act quickly and appropriately.

Reference has been made to the Shaw review. Indeed, the hon. and learned Member for Holborn and St Pancras (Keir Starmer) highlighted it in his contribution. The Home Secretary commissioned Stephen Shaw to carry out an independent review of welfare in detention—that is, in immigration removal centres, in short-term holding facilities and for detainees under escort. The review considered many of the issues discussed in today’s debate. Mr Shaw was asked to look at current systems and policies, including those in place for identifying vulnerability, managing both the mental and physical health of detainees, providing welfare support, preventing self-harm and self-inflicted death, assessing risk, managing food and fluid refusal, and safeguarding. We have received Mr Shaw’s report and, as I indicated on Report of the Immigration Bill, it is our intention to publish both the report and our response to it before Committee consideration of the Bill in the House of Lords. That remains our intention.

[Stella Creasy]

Will the Minister give way?

[James Brokenshire]

I was just about to address the detention issues raised by the hon. Lady, as well as those raised by the hon. Member for Rotherham (Sarah Champion). The hon. Member for Walthamstow (Stella Creasy) referred to fast track in her contribution. I underline that I made the decision to suspend detained fast track—in other words, where an asylum case is being considered—because I was not satisfied with the safeguarding provisions around vulnerability. I will reintroduce it only when I am satisfied that appropriate processes and procedures are in place to ensure its safe reintroduction.

[Stella Creasy]

Will the Minister confirm whether, when the Government respond to the Shaw report, there will be clarity as to whether they consider women who are victims of rape and sexual torture—that is, two thirds of the residents of Yarl’s Wood—to be vulnerable in and of themselves, and therefore inappropriate for detention?

[James Brokenshire]

I will be careful not to pre-empt the Government’s response, but the hon. Lady will not have long to wait for the Shaw report. I recognise the importance attached to it. Indeed, the Home Secretary commissioned the report because of the importance we attach to it. My comments today will be based on the position as it stands, but the Government will have more to say on these issues shortly.

[Dr Lisa Cameron]

I speak as the MP for the constituency where Dungavel is based, and also as a psychologist. When I visited that centre, it struck me that another issue of vulnerability for individuals who have suffered abuse and trauma is being detained alongside foreign national offenders who may be violent or sexual offenders. Will the Minister comment on how such risks are assessed, particularly given that it was pointed out to me that prison records do not always follow foreign national offenders into the units?

[James Brokenshire]

I assure the hon. Lady that risk assessment takes place. There is sometimes a mix of different people within an immigration removal centre: some of them will be foreign national offenders, and others will be there as a consequence of the removal process. It is worth underlining that we are talking about immigration removal centres. The primary purpose is the removal of people from this country, but there will be public protection issues, and risk assessment is clearly a core part of the operation of any immigration removal centre.

I am conscious that I now have four minutes left to respond to the various points made, so I will try to make as much haste as I can. Several Members mentioned indefinite detention. It is not possible to detain under immigration powers indefinitely. There are significant, long-standing and, we believe, appropriate protections against the arbitrary use of administrative detention by the state in this country.

I say to my right hon. Friend the Member for Meriden (Mrs Spelman) and other Members that we are carefully considering alternative options to detention. Our published policy is clear that alternatives to detention should be used wherever possible. As I indicated on Report of the Immigration Bill, we are considering the overall issues of the detention estate more broadly and are examining alternatives as part of that ongoing work. Members referred to the family removals process.

[Catherine West]

rose—

[James Brokenshire]

I will make some progress, as I now have three minutes remaining.

On the specific complaints issues raised, our detention centre rules are designed to ensure that female detainees’ rights, dignity and privacy are upheld. Should we receive complaints that contractors are breaching those rules, I assure hon. Members that such cases will be investigated fully and firmly.

On the issue of female members of staff and the availability of care and support, nurses are available 24/7 in Yarl’s Wood but, as in the community, they will not always be female. Detainees have the right to request to be seen by a female doctor or nurse, which will be arranged wherever possible. Midwives from Bedford Hospital NHS Trust visit the centre once a week, and the frequency and length of attendance is determined by demand.

The hon. Member for Edmonton mentioned independent medical examinations. Detention centre rules require that a registered medical practitioner selected by or on behalf of a detainee is given reasonable facilities for examining detainees. IRC suppliers rightly take requests very seriously and seek to accommodate them in accordance with the rules, but I am aware that some groups have made representations and expressed concerns. We are examining those closely and considering this issue carefully. I assure the hon. Lady that I recognise that issue, and we are examining how best to address it.

The Home Office will be revising the template form that IRC doctors are required to use when completing rule 35 reports, in order to make it clearer what information the Home Office requires of doctors when they complete such reports. We have consulted on the proposed changes with the relevant stakeholders. The intention is to make the forms easier for doctors to use, thereby improving the content of rule 35 reports. That is an important aspect, in order to ensure we act on those reports and consider them appropriately.

On the CQC report, an action plan is very much in place, and I have had discussions with NHS England about that. It is being worked through, and we take these issues very seriously.

I am grateful to the hon. Member for Edmonton for the constructive discussion today. I confirm the importance we attach to this issue and, if I may, I will seek to write to her on the other issues that time has unfortunately prevented me from addressing.