Illegal Migration Bill

Debate between Lord Bishop of Southwark and Baroness Butler-Sloss

Committee stage
Wednesday 7th June 2023 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, I want to make two quite separate points. I pick up on what the noble Lord just said; have the Government looked at what is really happening on the ground, the numbers of people currently waiting to be removed—that is a very large number—and the numbers coming in? How on earth are they going to get people away? Where they are going and what is going to happen was set out in much greater detail on an earlier amendment.

What worries me as I have sat listening, today in particular but really throughout the debates on the Bill, is that I do not think the Government have yet put their mind to the problems of numbers and how on earth they are going to get rid of these people, if I may put it rather bluntly.

The second point, which is so much more important, relates to what the noble Lord, Lord Scriven, just said, and I not only support him but admire him enormously for saying it. As I said on another Bill some time ago, I remind the Government that the Home Secretary is not a corporate parent, nor indeed at the moment is the Secretary of State for Education. The concept of the corporate parent is to be found in the Children Act 1989, as a local authority. Currently, the Government are expecting to deal with sometimes quite young children. I think they are concentrating on the 16 and 17-year-olds who are coming through and are not looking at a minority—but probably a relatively substantial minority—of children who are much younger. They have to be looked after. I do not want to repeat what the noble Lord, Lord Scriven, said, but it is crucial that they be looked after. The only corporate parent who can care for them is in fact the local authority where the children are. It is about time the Government started to look at not just the best interests of the children, which is so obvious—it worries me that I keep having to talk about that—but the points that the noble Lord, Lord Scriven, made, which really should strike home.

[The Lord Bishop of Southwark]

My Lords, I support Amendments 61 and 62 in the name of the noble Lord, Lord German, and welcome the opportunity to discuss what rules and regulations His Majesty’s Government will adhere to when selecting a site for the purposes of detention. The right reverend Prelate the Bishop of Durham had intended to speak but is unable to be here for this group of amendments; I am glad to be here in his place. I am grateful to Medical Justice for sharing how existing legislation governs both the nature and operation of detention centres. As it is a detailed policy area, I will focus my time on the context for these amendments while also posing questions to the Minister.

First, as the right reverend Prelate the Bishop of Durham explained at Second Reading, the Bill before us changes the nature and scope of detention considerably. It moves detention away from an administrative process to facilitate someone’s removal to a punitive system of incarceration intended thereby to deter asylum seekers from travelling to the United Kingdom. Deterrence, as we have seen, is a key theme stressed by the Government, albeit no evidence or impact assessment has been adduced in its favour. This shift towards incarceration signals a major transition in policy, but in embarking on this shift in the purpose of detention, the Government leave us with a lack of detail on what rules and guidance will be adhered to when the Secretary of State is selecting a place of detention.

However, the Minister replied on 26 May to the right reverend Prelate the Bishop of Durham’s Written Question that individuals can be detained for immigration purposes only

“in places that are listed in the Immigration (Places of Detention) Direction 2021”.

I know that the right reverend Prelate was grateful for that answer. Furthermore, the Minister stated:

“All Immigration Removal Centres … must operate in compliance with the Detention Centre Rules 2001, this includes any additional sites that are opened as IRCs to increase detention capacity”.


Can the Minister therefore say whether it will remain unlawful for the Government to authorise places of detention outside those specified in the direction?

Secondly, will the Minister explain how the power granted by Clause 10 to the Secretary of State to detain people

“in any place that the Secretary of State considers appropriate”

marries up with the Immigration (Places of Detention) Direction 2021? The Minister may understand my concern that the power to deprive a person of their liberty, and how and where someone is detained, should be constrained by law and not the discretion of a Minister of the Crown, or anyone else.