Immigration Detention: Brook House Inquiry

Lord German Excerpts

Thursday 11th January 2024 Lords Chamber

Asked by

[Lord German]

To ask His Majesty’s Government what consideration they have given to the findings of the Brook House Inquiry, published on 19 September 2023, in particular its recommendation for a 28-day time limit on immigration detention.

[Lord German (LD)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper, and in doing so I draw attention to my interests as laid out in the register.

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, the Government are carefully considering the findings of the Brook House inquiry, set out in its detailed report, in relation to the management of the immigration detention estate and the welfare of detained individuals. There are no plans to introduce a time limit on immigration detention.

[Lord German (LD)]

My Lords, the inquiry exposed the dehumanising abuse of vulnerable people held in immigration detention. Unfortunately, the report’s author states that these issues remain in place today. We understand that a senior civil servant has been tasked to prepare the Government’s response, to be published “in due course”. I wonder whether “in due course” will have ended nine months from now. Perhaps the Minister could tell us. Secondly, the report’s recommendation on a time limit was meant to be alongside the Home Office guidance on imminent times of removal. Will the Home Office seriously consider that recommendation, putting it alongside the current guidance, so that people are not detained for periods for which they are not intended?

[Lord Sharpe of Epsom (Con)]

My Lords, the Government’s view is that a time limit on immigration detention would significantly impair our ability to remove those who have breached our immigration laws and refused to leave the UK voluntarily. It is likely to encourage and reward abuse, allowing those who wish to guarantee their release to frustrate the removal process until the time limit is reached. It would encourage late and opportunistic claims to be made simply to push a person over the time limit, regardless of the circumstances of their case. That would undermine our ability to maintain effective immigration control and would potentially place the public at higher risk, in particular through the release of foreign national offenders into the community.