Western Jet Foil and Manston Asylum Processing Centres

Joanna Cherry Excerpts

Monday 31st October 2022 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP)]

May I gently remind the Home Secretary that it is not illegal to seek asylum? What is illegal is to detain people without a proper basis in law. Will she confirm that she has ignored legal advice that keeping asylum seekers at Manston for more than 24 hours could be illegal detention? Has she been advised that what is happening at Manston may amount to unlawful deprivation of liberty in terms of article 5 of the European convention on human rights, and inhuman and degrading treatment in terms of article 3? Despite her best efforts, we are still bound to comply with the convention by virtue of domestic law. What will she do about all of this? Even if she does not care about the human rights of the people detained at Manston, does she understand that her failure to obey the law may end up costing taxpayers vast amount of money in court fees and damages?

[Suella Braverman]

I confirm that I have not ever ignored legal advice. The Law Officers’ convention, which I still take seriously, means that I will not comment on the contents of legal advice that I may have seen. What I will say is this: I am not prepared to release migrants prematurely into the local community in Kent to no fixed abode. That, to me, is an unacceptable option.