Illegal Migration Bill

Lord Murray of Blidworth Excerpts

Committee stage
Wednesday 7th June 2023 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I thank my noble friend Lady Lister for introducing this group of amendments, which concern the duty to remove those who are not detained, and their access to support because they would be otherwise destitute.

Clause 8 amends relevant legislation to provide support on the same basis as for those whose claims are declared inadmissible under Section 80A or 80B of the 2002 Act. My noble friend introduced her amendments in great detail. They would allow for appeals to be made on decisions around support. They would allow financial support to be provided where accommodation support is not needed. They would allow people awaiting decisions on accommodation support to be provided with interim accommodation. They make it clearer that if someone has not yet been removed from the UK, despite the duty from the Secretary of State to do so, they face a genuine obstacle. As my noble friend said, the Government must ensure that no one awaiting deportation faces destitution and danger.

Given the questions about the Government’s ability to actually remove people given the lack of returns agreements, what assessment have the Government made of the support that will be needed? We read in the newspapers that the Government are renting two more barges. Of course, the numbers the barges can accommodate will not touch the sides of the amount of accommodation that will be needed.

My noble friend Lady Lister and the noble Lord, Lord German, asked a number of detailed questions, as did the right reverend Prelate the Bishop of Durham, who I suspect is getting his train as we speak. As the right reverend Prelate said, in practice it will be local authorities, faith groups and voluntary organisations which will be picking up the pieces if there is not adequate government support for people who find themselves in this position. I will listen to the Minister’s response with interest.

[The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)]

My Lords, Clause 8 ensures that there is support available to individuals who would otherwise be destitute where their asylum claims have been declared inadmissible, pending their removal from the United Kingdom. It also seeks to incentivise those whose asylum claims have been declared inadmissible to comply with the arrangements to remove them from the UK, whether that be to their country of origin—where it is safe to do so—or to a safe third country. These provisions will support the overall objective of the Bill and ensure that those who come to the UK illegally will not be able to stay. Pending their removal, we will ensure that we support those who are complying with arrangements for removal. I make no apology for introducing these measures to protect and preserve the integrity of our asylum and migration system.

I am grateful to the noble Baroness, Lady Lister, for setting out her amendments to Clause 8. Amendments 57C and 57F seek to create a right of appeal against a decision to refuse an application for support under Section 95A of the Immigration and Asylum Act 1999, which would take effect only if supporting provisions in the Immigration Act 2016 are brought into force. The Government keep these matters under review but I can answer the noble Baroness’s question directly: there are no current plans to bring those measures into force, and so we consider these amendments unnecessary. Therefore, those who are refused support under Section 4 of the 1999 Act will still be able to appeal the decision.

Similarly, we do not consider Amendment 57D necessary. As I have told noble Lords frequently throughout Committee, our intention is to detain and swiftly remove people. We expect that the overwhelming majority of those who fall within the scope of the duty to remove will need accommodation as well as financial support. These individuals will therefore be provided with financial support to meet their essential living needs, pending their removal from the UK.

Although I recognise the intention behind Amendment 57E, the Government do not consider it necessary to provide a statutory basis on which to provide temporary support. As I have said, our intention is to detain and swiftly remove those who enter illegally and meet the conditions in Clause 2. The details of how the scheme will work in practice, including the support provided during this interim period, are currently under active consideration. We are confident that there is sufficient scope to be able to provide adequate support to individuals pending a determination of their application under Section 4 of the 1999 Act. Obviously, we will bear in mind the contributions made during this short debate.

Finally, Amendment 57G seeks to amend uncommenced provisions in the Immigration Act 2016 and, in so doing, alter the long-standing position that Section 4 support would be available only to people who face a genuine obstacle in leaving the UK. The Government have no plans to implement the 2016 Act provisions in the immediate future; even if we were to do so, we see no need to alter the existing approach to eligibility under Section 4 for this group of people. Eligibility for Section 4 support is a long-standing position. As long as individuals whom we support pending their removal co-operate with the process, they will remain eligible for support.

The noble Baroness, Lady Lister, the noble Lord, Lord German, and the train-bound right reverend Prelate the Bishop of Durham asked about the Section 4 application form. We are working on the arrangements for implementing these provisions. As part of that, we will consider what changes, if any, are required to the Section 4 application form.

Where necessary, the Government will provide accommodation and basic support for those who are subject to the duty to make arrangements for removal and who are not being detained pending their removal. In answer to the right reverend Prelate, I can assure him that, with the changes made by Clause 8, we consider that there is sufficient legislative cover to provide such support where a person would otherwise be left destitute. On that basis, I invite the noble Baroness, Lady Lister, to withdraw her amendment.

[Baroness Lister of Burtersett (Lab)]

My Lords, I am grateful to all noble Lords who have spoken, including the right reverend Prelate, in his absence; we know that he had to get his train. I am also grateful to the Minister for answering more questions than I expected him to be able to.

I am disturbed by the proposition that it is not necessary to provide a statutory basis for temporary support because the intention is to remove people quickly. The Government are the only people who think that removal will be quick. All the organisations on the ground predict a state of semi-permanent limbo—purgatory, as some of them have called it. There needs to be a proper statutory basis for the support that these people are provided with. I hope that the Minister will look at this point again.

Other noble Lords have asked questions that have not, I think, been answered. I would be grateful if the Minister or his officials could look through Hansard and answer any remaining questions. The noble Lord, Lord German, certainly asked a number of questions that have not been addressed. I will not detain the Committee now by pressing them—I am sure that the noble Lord will not either—but I ask that a letter answering those questions goes to the noble Lords who have participated in Committee before Report.

It would also be helpful if the Government published as clearly as they can a statement on what is proposed. We can piece bits together from the Minister’s reply today but the point has been made that local authorities, faith groups, refugee organisations and others need to start planning; they need to know. A clear statement would therefore be helpful.

I finish by quoting the right reverend Prelate the Bishop of Durham, who said that this is going to be like detention without walls. That is a very telling statement. It is important that we get this right. We do not want large numbers of people destitute on our streets because they are in this permanent limbo. I look forward to seeing what the Minister has to say in any subsequent letters but, for now, I beg leave to withdraw the amendment.

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[Lord Coaker (Lab)]

My Lords, I am slightly nervous to stand up here. On a serious point, I want to say a few brief words in support of the amendments in this group, in particular Amendment 58B, in the name of the noble Lord, Lord German, Amendment 60, in the name of the noble Lord, Lord Scriven, and Amendment 69, in the names of the noble Lord, Lord Etherton, my noble friend Lady Chakrabarti and others.

In the interests of being brief, I will try to cut through to what I think is the fundamental issue. This group is about standards in detention. The reason this raises such concern, which I think the Minister should address, is that new subsection (2I), as inserted by Clause 10, as has been mentioned by others, says:

“A person (of any age) detained under sub-paragraph (2C) may be detained in any place that the Secretary of State considers appropriate”.


That is a huge power to give to the Secretary of State: to allow the detention of people arriving since 7 March, of any age, in any place. It is perfectly legitimate, and summarises all the amendments and all of the comments —I will not go through them all, and if I have got this wrong then people can intervene and I will apologise—for noble Lords to ask the Minister what that actually means in practice.

I thought that the remarks of the right reverend Prelate the Bishop of Southwark, on behalf of the right reverend Prelate the Bishop of Durham, cut to the chase. If that is the situation, how are those standards going to be maintained? What actually are those standards? Are the standards the same in a barge or in a military camp? These are the sorts of details that the Committee would wish to hear from the Minister. What are the standards, given that it can be any age and in any place? What difference will there be between arrangements for unaccompanied children, families and others? This is particularly important because the power in new subsection (2C) is not actually for people who have been definitely determined as being people we would wish to remove; it is that the immigration officer “suspects”. We are talking about the detention of individuals, maybe children, who we suspect.

That leads us into the next group. However, if we are talking about standards, this becomes particularly relevant. We are talking about people who might actually be regarded as legitimate and eligible asylum seekers, even under the criteria of this Bill.

In order to be brief, I think noble Lords are seeking an answer to the question posed by new subsection (2I). A significant extension of power to the Secretary of State to designate any place for somebody of any age demands that the Minister be very clear about what the standards will be in each of those places, and who will monitor them to ensure that those standards are kept to.

[Lord Murray of Blidworth (Con)]

My Lords, as we have heard, these amendments bring us on to the issue of detention. The amendments in this group look at the standards of detention accommodation and seek to impose certain minimum standards in respect of accommodation and the treatment of detained individuals.

As I have repeatedly made clear, we need a new, radical approach if we are successfully to tackle the people smugglers and put an end to the dangerous, illegal and unnecessary small-boat crossings of the channel. The scheme provided for in the Bill needs to be unambiguously clear that if you enter the UK illegally you will be liable to detention and swiftly returned to your home country or sent to a safe third country. I want to make clear that the welfare of those who are detained is of the utmost importance. We will detain families and children, including unaccompanied children, only when it is necessary to do so and in appropriate accommodation with appropriate healthcare provision.

Amendments 61, 61A, 62, 66A and 69, tabled by the noble Lords, Lord German and Lord Scriven, and the noble and learned Lord, Lord Etherton, deal with the issue of accommodation standards and limiting the place of detention. I assure noble Lords that persons detained under the powers conferred by the Bill will be detained in age-appropriate accommodation that meets appropriate standards.

We detain persons for immigration purposes only in places that are listed in the Immigration (Places of Detention) Direction 2021 in accordance with the long-standing provisions of the Immigration Act 1971, at paragraph 18 of Schedule 2. In answer to the point raised by the right reverend Prelate the Bishop of Southwark, following Royal Assent we will update that direction in line with the new detention powers. Moreover, we already have robust statutory oversight of immigration detention, including inspection by the prisons inspectorate and independent monitoring boards at every detention facility, and effective safeguards within the detention process that, I submit, are sufficient.

My noble friend Lord Wolfson made some powerful points about the application of the international instruments to the question of detention standards, and clearly made the point that the UNHCR was expressly not given the right to issue determinative interpretations of the convention. It is up to states to interpret its terms in good faith, as we are doing.

The noble Lord, Lord Scriven, also has Amendments 59B, 64B and 79C in this group, which seek to transfer certain powers in relation to the detention and accommodation of unaccompanied children from the Home Secretary to the Secretary of State for Education. To be clear, the noble Lord referred to the temporary housing of unaccompanied children in Home Office-provided accommodation prior to their transfer to the care of a local authority. Such accommodation is not detained accommodation and is therefore not caught by the provisions of these clauses. I assure the noble Lord and the noble and learned Baroness, Lady Butler-Sloss, that we will return to this issue when we reach Clause 15.

The immigration functions provided for in the Bill are properly a matter for the Home Office. As noble Lords would expect, we regularly consult and work with the Department for Education on matters impacting on children, and that will continue to be the case in respect of the powers conferred by the Bill as they impact on unaccompanied children. As I have said, these are matters that properly fall within the purview of the Home Secretary and, as such, the functions to which these amendments relate should be exercised by her.

In relation to Amendment 70A which is specifically on the health and well-being of detained individuals, I can assure the noble Baroness, Lady Brinton, that we will work closely with the Department for Education to ensure that there are proper provisions for children in detention, and we will build on our current detention facilities to ensure that they are appropriate and provide safe and secure accommodation for children. The statutory guidance referenced in the noble Baroness’s amendment would not be applicable where someone is detained, but we will ensure that all relevant policies that relate to detention will continue to apply.

All persons entering detention are medically screened on arrival and have access to round the clock healthcare. This will continue to be the case. The existing adults at risk in immigration detention policy will be updated in line with the Bill and will continue to act as a safeguard for vulnerable persons in detention.

The noble Lord, Lord German, and the noble and learned Baroness, Lady Butler-Sloss, asked about our plans to increase detention capacity. We are increasing our detention capacity to ensure we have enough detention space, and we already have plans in place to build two new immigration removal centres. These include developing a new immigration removal centre in Oxfordshire on the former site of Campsfield House and a new immigration removal centre at Gosport in Hampshire on the former site of Haslar.

[Lord Scriven (LD)]

If the central tenet of the Bill is to deter people from coming to the UK, why are the Government expanding detention centres?

[Lord Murray of Blidworth (Con)]

I can imagine the noble Lord’s response if we did not expand detention centres. The point is that, as a matter of government planning, we need to have sufficient capacity to ensure that we can detain and swiftly remove those who enter the country illegally, in particular those embarking on dangerous journeys across the channel.

Change will not happen overnight, but we are committed to making this legislation work. We are working to find other solutions to scale up our detention capacity too. The first step is to change the law, which is why we are focusing on getting this Bill through Parliament.

The noble and learned Lord, Lord Etherton, raised a related point, suggesting that large numbers would need to be detained in the absence of returns agreements. I remind him that in addition to our partnership with Rwanda we have returns agreements with 16 countries and that, as I have indicated, a returns agreement is not a prerequisite to our ability to remove people. I hope I have been able to reassure noble Lords about our commitment to maintain appropriate standards of detention accommodation and to provide appropriate care for those held in detention under the powers conferred by the Bill. On that basis, I hope that the noble Lord, Lord German, will be content to withdraw his Amendment 58B.

Amendment 79C intends to ensure that the Secretary of State for Education has responsibility for unaccompanied children as soon as they arrive in the UK. I suggest that the amendment does not in fact have this effect. It places no duty on the Secretary of State for Education to have any responsibility for arriving children. It would give the Department for Education the power to provide accommodation but not a duty to do so. At this stage the children are already in the Home Office system and the Home Office has pre-existing duties under Section 55 of the Borders, Citizenship and Immigration Act 2009 towards those children. The Home Office also runs existing relevant mechanisms such as the national transfer scheme. It is a matter for the Government as to which department should operate these powers.

This amendment could create a great deal of legal uncertainty, which is not in the best interests of children. For example, where children were not accommodated by a local authority on arrival, the Home Secretary could not use her powers under Clause 16 to move children into local authority placements quickly unless those children were in DfE-run accommodation, which DfE would be under no duty to provide. That uncertainty continues with regard to the application of Clause 19 and how any accommodation power linked to a government department that operates in England only could be applied to the devolved Administrations. For that reason, I invite the noble Lord not to move that amendment.

[Lord Etherton (CB)]

I asked whether confirmation could be given that the Government will adhere to the 18 minimum conditions in the UNHCR Detention Guidelines. It would be very helpful for the Committee to know specifically which ones they intend to comply with and which they do not.

[Lord Murray of Blidworth (Con)]

As I have already indicated, the standards that will be adhered to are those prescribed already in legislation. While the points set out in the UNHCR’s document map on in some respects, there is no exact overlap. The regime which will be applied is that which I have already described.

[Baroness Brinton (LD)]

I wonder if I could ask the Minister two questions. The first relates to his comment before last to my noble friend Lord Scriven about whether the Secretary of State for Education should be the corporate parent for government, as opposed to the corporate parent being local authorities. In the event where there is a delay after a child has arrived before a local authority is allocated to be the corporate parent, who is the corporate parent for that child? The Home Secretary does not have that power; there is no protection and no oversight. I say this in light of the fact that, in Kent, there is a special arrangement for Kent not to be the corporate parent for all unaccompanied minors that have arrived there, for fairly obvious reasons. The concern would be that that child might not get the protection that it needs. That is the first question, which is completely separate to the one on my Amendment 70A.

I am grateful to the noble Lord for his comments about appropriate healthcare, but without knowing what appropriate healthcare is and whether it meets standards that have been set out—even if he says that the guidance would not work—I am somewhat at a loss. Could he write to me to set out exactly what those standards were, because many doctors are extremely concerned about the current standards available for children in detention at the moment?

[Lord Murray of Blidworth (Con)]

Yes, certainly. In response to those two points, as the noble Baroness will have seen, we will discuss this again when we reach Clause 15. But Clause 15(1) provides that the Secretary of State may provide or arrange for the provision of accommodation in England for unaccompanied children. As the noble Baroness rightly identifies, presently in Kent there is an agreement which works well. Initial reception facilities are provided by Kent County Council as the corporate parent, then any unaccompanied asylum-seeking children are transferred within the national transfer scheme. Obviously, it is sensible to have the powers in Clause 15(1) as a backstop, in the event that those powers might be needed. I hope that therefore provides a complete answer to the noble Baroness’s first question.

In relation to the second part of her question as to the standards, as I hope I have already made clear, we will be applying the standards that presently remain. It is abundantly clear that those standards are very detailed as set out. I would be happy to write to the noble Baroness to outline what they are. We will definitely be able to provide that.

[Baroness Brinton (LD)]

I thank the noble Lord with regard to the first issue. I wondered if there was actual data on the time that it takes to provide that transfer for children. What I am concerned about is the gap; we may be discussing it later, but the noble Lord raised the issue himself. Could he provide me with a letter that shows exactly how long it takes to get that transfer through, because I am hearing that there are gaps?

[Lord Murray of Blidworth (Con)]

Because the powers in the Bill are obviously not yet in force, I cannot answer as to whether there would be a gap. But clearly it is anticipated—it is hoped—that there will not be a need to utilise the powers in Clause 15 routinely, because the situation with respect to Kent and other relevant local authorities should provide an answer. I am afraid that the noble Baroness cannot expect me to look into my crystal ball and predict what the situation will be after the Act is implemented.

[Baroness Brinton (LD)]

I am really sorry to prolong this. The noble Lord referred to the national transfer scheme. There is a concern that either it is taking some time or some children are not being transferred; they are, at the moment, without a corporate parent. There must be current data. That is why I ask: what is the normal gap and how many children have not been allocated?

[Lord Murray of Blidworth (Con)]

I am very happy that the noble Baroness has asked me that question. I am delighted to say that, as of yesterday, there are zero children in Home Office UASC hotels. They are all in the care of local authorities. I hope that provides a fairly clear answer to her question. Perhaps I can invite the noble Lord, Lord Alton, to intervene.

[Lord Alton of Liverpool (CB)]

I am grateful to the Minister. My question rather builds on what the noble Baroness, Lady Brinton, has been asking. Earlier I specifically asked about the disapplication of the duty on the Secretary of State to consult with the independent family returns panel and the criticism that has been made by the UK Committee for UNICEF, which said that it regretted that decision. I asked the Minister if he would give further consideration to that point and think further about the safeguards that it enables to be put in place to deal with the kinds of issues the noble Baroness has put to him.

[Lord Murray of Blidworth (Con)]

I am very grateful to the noble Lord. I am sorry that I did not answer that question. The relevant provision is in Clause 13 of the Bill. We will come to discuss it in the 11th group of amendments. Perhaps that might be the moment to explore those detailed points more thoroughly.

[Baroness Bennett of Manor Castle (GP)]

My Lords, may I press the Minister on the issue of disabled asylum seekers? I raised this specifically in terms of what is happening in general provision, what is happening at Manston, how the Government foresee—or not—disabled asylum seekers being accommodated on barges and whether they foresee provision in the new arrangements under this Bill complying with UNHCR detention guidance for disabled asylum seekers.

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[Lord Murray of Blidworth (Con)]

The noble Baroness raises an important point. It is obviously right that our guidance reflects the special needs of disabled people in accordance with our duties under the Equality Act. That will continue to be the case. I hope that provides some reassurance for the noble Baroness.

[Lord German (LD)]

My Lords, this has been a very interesting debate, not least because I have seen two lawyers agreeing with each other after having a debate of 10 or 15 minutes about a point of law. It is a fascinating experience.

To turn back to the amendments before us, I thank everyone who participated. In the response the Minister just gave, there are a number of matters which I would like to ask him about. If I understood correctly, he said it is the intention to only allow detention in line with the Immigration (Places of Detention) Direction 2021. I think that is what the Minister said. He then immediately said that, after this Bill is enacted, we will amend it—we will uprate it. I do not quite understand what the uprating mechanism is and why you need to uprate a direction you presently agree with. It would be helpful if the Minister could say what he means by uprating and if they are following the Immigration (Places of Detention) Direction 2021—which, I acknowledge, is the right thing to do.

On Campsfield and Gosport, the Minister said that the capacity would be increased. Could he give an indication of the numbers of places there will be in each of those, or the total for both.

Finally, I have what I consider a bit of a non sequitur, but the Minister said it several times and repeated it today. He said that return agreements are not a prerequisite for returns. I did not quite understand that because if you want to return somebody, you need an agreement that they will be taken. That seems to be an agreement. It was a bit of a non sequitur and certainly did not fall within the wonderful statements we had from the noble and learned Lord, Lord Bellamy, about these matters earlier. If the Minister could address those three questions, I will then be in a position to deal with the amendment.

[Lord Murray of Blidworth (Con)]

As I hope I made clear, once the Bill is passed, the direction will need to be updated, rather than “uprated”. It will reflect the new provisions and any new detention facilities that are available to be utilised at that point. I am afraid that I am not in a position to give the noble Lord an indication of the size at this stage.

On returns agreements, as I think I made clear in a previous group on the second day in Committee, there are different relations with various countries, so circumstances can arise where people can be returned to countries with which we do not have a formal returns agreement. I can write to the noble Lord in more detail on that subject.

[Lord German (LD)]

I thank the Minister for his answer. It would be helpful to know whether the matter of capacity of the two places is just unknown or whether it has not been concluded yet. If that is the case, I presume that the Minister could tell me at some stage what the capacity is.

This has been an important debate and I am sure we will return to it on Report. On the basis of those answers, I beg leave to withdraw my amendment.

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[Lord Murray of Blidworth (Con)]

My Lords, Clause 10 is an integral part of ensuring the success of this Bill, both as a deterrent and as a means of ensuring that the Home Secretary can comply with the duty to make arrangements for removal. The statutory powers to detain are spread across several different pieces of immigration legislation, such as the Immigration Act 1971 and the Nationality, Immigration and Asylum Act 2002. The provisions in this clause create new powers that will enable the detention of illegal migrants to establish whether the new duty to remove applies and to promptly remove those eligible from the UK. Many of the amendments in this group seek to limit these detention powers in one way or another, impacting our ability swiftly to remove those to whom the duty applies.

Amendments 58C, 58D, 63A and 63B, tabled by the noble Lord, Lord German, probe the threshold for detention and in effect seek to raise it by replacing the current test based on an immigration officer or Secretary of State suspecting the relevant matter with a test that requires an immigration officer to have “reasonable grounds for suspecting.” To deliver the objectives of this Bill, our detention powers need to enable detention of illegal migrants to ascertain whether someone falls within the duty to remove, and these amendments seek to reduce our ability so to do.

The issue of time limits is the subject of Amendments 60 and 65, tabled by the noble Lord, Lord Scriven, and Amendments 59 and 63 tabled by my noble friend Lady Mobarik and co-signed by my noble friend Lady Helic. The detention powers in the Bill are fundamental to our approach, and here, as elsewhere, we need a robust and uniform scheme that broadly applies to all and does not allow the system to be gamed, for example by adults pretending to be children, or provide scope for the people smugglers to exploit any exceptions or carve-outs. The Bill will create new detention powers specific to all migrants subject to the duty to remove being introduced in this Bill. These new powers will not be time-limited. However, in line with our other existing immigration detention powers, detention will be limited to a period of time that is reasonably necessary for the statutory purpose to be caried out. The new detention powers will not be subject to the same statutory limitations as existing detention powers to ensure the power can apply more widely.

We recognise the particular vulnerability of unaccompanied children, and therefore the Bill provides that the statutory detention powers may only be exercised to detain an unaccompanied child in circumstances prescribed in regulations by the Secretary of State, such as, but not limited to, for the purpose of family reunion or where removal is to a safe country of origin. We will set out, in due course, having reflected on debates in this House and the other place, a new timescale under which genuine children may be detained for the purposes of removal without judicial oversight—

[Lord Coaker (Lab)]

Will those regulations be available, even in draft form, before Report?

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[Lord Murray of Blidworth (Con)]

I will certainly take that request back to the department.

Along with a new timescale under which genuine children may be detained for the purposes of removal without judicial oversight, the Bill will also allow the Secretary of State to make regulations specifying time limits to be placed on the detention of unaccompanied children for the purpose of removal, if required. I would remind my noble friends Lady Mobarik, Lady Helic and Lady Sugg that unaccompanied children are not subject to the duty to remove and the power to remove them will be exercised only in the limited circumstances we have already described. For the most part, unaccompanied children will not be detained under the provisions of the Bill but will instead be transferred to local authority care—that care which the Committee has broadly agreed is the correct place for these children to be located.

In answer to the question of the noble Lord, Lord Coaker, I do not recognise the figure of 13,000 detained unaccompanied children in the NGO report to which he referred. Those statistics did not of course include any allowance for the deterrence effect of the measures in the Bill.

Amendment 73, put forward by the noble Lord, Lord German, seeks to introduce time limits on detention that apply at large, not just to detention under the powers conferred by the Bill. An absolute bar on detention of all children and a 28-day time limit on detention of adults would significantly impair the effectiveness of our enforcement powers. Such a time limit is likely to encourage individuals to frustrate immigration processes to the point where the time limit is exceeded, necessitating their release, which would then significantly inhibit our ability to remove those who have no right to be here and are subject to the duty. I agree that immigration detention cannot, and should not, be indefinite; as we will come on to with later clauses, the legislation places clear limitations on the duration of detention and provides for judicial scrutiny of continued detention. We judge the existing safeguards provided for in respect of existing and new detention powers to be sufficient.

Amendments 61B and 64C, tabled by the noble Baroness, Lady Hamwee, relate to the recommendations of the Delegated Powers Committee. I am grateful for the work of the Delegated Powers Committee in its careful scrutiny of the Bill. We are considering the report, published just before the Whitsun Recess, and will respond ahead of Report stage.

Turning to Amendments 74, 75 and 76, which relate to the detention of vulnerable persons, I can assure the noble Baroness, Lady Hamwee, that the existing adults at risk policy, which I discussed earlier, will be updated to take account of the provisions in the Bill, and will act as a safeguard when detention decisions are made in respect of such persons. This statutory policy requires that evidence of a person’s vulnerability be balanced against immigration factors when considering whether detention is appropriate in their particular case. Finally, I remind the noble Baroness that under the terms of Section 59 of the Immigration Act 2016, revisions to the statutory guidance must be laid in draft before each House and then brought into force by regulations subject to the negative procedure, so there will be an opportunity for this House to scrutinise the necessary changes.

There are no exemptions from immigration detention for any particular groups of people. Amendment 76B, again tabled by the noble Baroness, Lady Hamwee, seeks to create an exemption to immigration detention for potential victims of modern slavery. When decisions are currently made regarding detention or continued detention, potential victims of modern slavery are considered under the existing adults at risk in immigration detention policy.

To sum up, the Government recognise that unaccompanied children are particularly vulnerable. That is why we amended the Bill in the other place to place limitations on their detention under the powers conferred by the Bill. For all others caught by the duty to remove in Clause 2, we believe it is appropriate for the Bill to provide for a single legislative framework for their detention, with tailored provision being made in our adults at risk statutory guidance. On that basis, I invite the noble Lord, Lord German, to withdraw his amendment.

[Lord Coaker (Lab)]

Before the Minister sits down, can I clarify that the 13,000 figure was not just in respect of unaccompanied children? It included families with children.

[Lord Murray of Blidworth (Con)]

I am grateful for that clarification.

[Lord German (LD)]

My Lords, it has been an interesting debate in which it appears there has been one speaker against and everybody else in favour of changing the Government’s proposal.

To sum up the discussion, with the exception of the Minister, the key issues have been the impact of detention on children, that this is a backward step, that it is not in line with the United Nations Convention on the Rights of the Child and that no evidence is given of a sufficiently robust nature to state the objectives of these clauses. To sum it up in a single phrase, “We are going to lock children up to deter the boats”. The rationale of locking up children has just been put to one side. It is a backward step. Therefore, I am sure we will return to these matters at the next stage of the Bill. In the meantime, I beg leave to withdraw my amendment.