Immigration: Detention

Lord Ramsbotham Excerpts

Thursday 26th March 2015 Lords Chamber

[Lord Ramsbotham (CB)]

My Lords, I, too, congratulate my noble and learned friend Lord Lloyd on obtaining this important debate. How typical of one of the giants of this House, whose impending retirement has already been regretted by many other noble Lords, that he should go out in such style, combining a moving and humane valedictory with a masterly opening to his debate. He will be sorely missed, not only by his colleagues on these Benches but by the thousands of prisoners serving indeterminate sentences currently languishing in prison way beyond their tariff, whose cause he has so passionately championed against the person whom he dubbed the “Minister of Injustice”.

I also pay tribute to the Minister, who ever since taking office has been tireless, patient and courteous in responding to the many queries that I and others have put to him and, by so doing, has earned the respect and admiration of the whole House.

Like my noble and learned friend, I was a member of Sarah Teather’s inquiry team, and I pay tribute to her for her initiative and chairmanship. Unlike him, however, I have immigration system form, because from 1997 to 2001 I was responsible for inspecting immigration detention centres as well as prisons holding immigration detainees because of lack of space. My noble friend Lord Sandwich and I were fellow commissioners on the independent asylum commission that reported in 2009, and I was also a member of the team appointed by the coalition Government to advise on the detention of children. Finally, I have chaired or been involved with inquiries into aspects of the system such as enforced removals, unanswered complaints and injuries inflicted by security company staff.

From that experience comes my firm conviction that the immigration system as a whole is in need of total overhaul. My views have not changed since I was Chief Inspector of Prisons. Having campaigned for overhaul for so long, it would be inconsistent of me not to use the opportunity offered by my noble and learned friend’s debate to ask the Minister to ask the Home Secretary to think again about her rejection of the stepping stone of a full review conveyed in Mr Brokenshire’s letter to Sarah Teather of 24 March. The two proposed inquiries will prove just as fruitless as all the other attempts that I have watched fail to get to grips with the guts of the problem over the past 18 years.

What are those guts? First, and pre-eminently, there is a total lack of consistency caused by a total lack of leadership and oversight. Before appointing a review body, I would appoint someone to be responsible and accountable for the operation of the system. Ministers come and Ministers go—and policies come and policies go—but immigration staff, who have the task of checking everyone arriving in the country, remain, as should staff structures and procedures, and they need to be led. As a soldier, used to chains of command in which everyone knows to whom and for what they are responsible and accountable, I found—and find—it strange that in the Home Office, and hence its offshoot the Ministry of Justice, no one knows either. Of course a Minister must have overall responsibility and be accountable to Parliament, but not for conducting the 24/7 processes of the immigration system.

Everything else stems from that, but no long-term improvements can happen until a problem that I highlighted during the passage of the Immigration Bill has been resolved. Currently, the system has a millstone of 500,000 unresolved cases hanging round its neck, resulting in inevitable delays for new arrivals. The only way to solve this is to draft in a sufficiency of temporary officials until they are cleared. Only then can you introduce a proper process in which immigration centres play their short-term contingency role, casework is properly handled and overseen and all the other recommended measures are brought into force.

The present practice of not having anyone in charge has failed and will go on failing. The Teather review does not go so far as to recommend an overhaul but does recommend an in-depth review out of which it might emerge. In the mean time, I hope that the Minister will do his best to persuade the Home Secretary that the cult of managerialism is not the answer and that good, old-fashioned leadership is. I wish my noble and learned friend long life and much happiness in the future.