Illegal Migration Bill

John Hayes Excerpts

Consideration of Lords amendments
Tuesday 11th July 2023 Commons Chamber

[Vicky Ford (Chelmsford) (Con)]

rose—

[Sir John Hayes (South Holland and The Deepings) (Con)]

rose—

[Robert Jenrick]

If I may, I will give way in the first instance to my right hon. Friend the Member for Chelmsford.

--- Later in debate ---

[Robert Jenrick]

That is correct. The law today is that a child can be detained for eight days for the purpose of examination—that is not routinely done by the Home Office. Today, a child is detained for 24 hours or less and, whether for 24 hours or, if the Home Office chose to make use of the power, for eight days, they are detained only in age-appropriate accommodation. It would be unlawful to house an under-18 in accommodation that did not meet the standard set out in law. I will come on in a moment to describe that standard.

[Sir John Hayes]

I am immensely grateful to my right hon. Friend for all the work he has done on the Bill and these amendments. He will understand that the matters he is discussing bring age verification into sharp focus. As he knows, I tabled an amendment on that, which the Government ultimately re-presented as an amendment of their own. Will he confirm that age verification measures will be obligatory and comprehensive so that we do not any longer get the nonsense of people pretending to be children in order to game the system?

[Robert Jenrick]

My right hon. Friend is right. We take age assessment extremely seriously. As he knows, there are some young adults and individuals who abuse the system. Indeed, some are not so young—as I understand it, the oldest individual we have encountered who posed as a child was subsequently found to be 41 years of age. That is wrong as a matter of principle, and it is also a serious safeguarding risk to genuine children and all the caring people who are involved in supporting them, whether they be foster carers, teachers or members of the general public. We therefore have to take the issue seriously. That is why the Bill retains the power to detain an individual who is subject to age assessment for up to 28 days. During that period, the Home Office or local authorities would conduct age assessment. Today, that is done through the Merton system, which is proving to take longer than we would like, but which we want to be conducted within 28 days.

We are now taking advantage of the powers taken through the Nationality and Borders Act 2022 to begin to roll out scientific forms of age assessment. That will happen over the course of this year. Initially, it will happen concurrently with the Merton assessment. We want to ensure that that system is demonstrated to be robust and as swift as possible. I hope that hon. Members on both sides of the House will unite in common agreement that it is important that we weed out cases of abuse, because they pose such a risk. I am afraid that we have seen some very tragic instances such as the murder that occurred in Bournemouth at the behest of somebody who had posed as a child. The state has to do everything in its power to prevent that from happening again.