Immigration Bill

Lord Rosser Excerpts

Monday 1st February 2016 Lords Chamber

Moved by

[Lord Rosser]

216: After Clause 32, insert the following new Clause—
“Review of immigration detention
(1) Before the end of the period of three months beginning on the day on which subsection (1) of section 32 comes into force, the Secretary of State must commission a report on detention under the following powers—
(a) paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration Act 1971,(b) paragraph 2(1), (2) or (3) of Schedule 3 to the 1971 Act,(c) section 62 of the Nationality, Immigration and Asylum Act 2002, or(d) section 36(1) of the UK Borders Act 2007.(2) The report under subsection (1) must consider—
(a) the process for, and detail of, introducing a statutory maximum limit on the length of time an individual can be detained under the relevant provision;(b) how to reduce the number of people detained under the relevant provision;(c) how to minimise the length of time an individual is detained under the relevant provision;(d) the effectiveness of detention in meeting the Secretary of State’s objectives; and(e) the effectiveness of procedures to review decisions to detain and to continue to detain.(3) The report under subsection (1) must be prepared and published by a panel appointed by the Secretary of State.
(4) The panel appointed under subsection (3) must be independently chaired.
(5) On completion of the report, the Chair of the panel must send it to the Secretary of State.
(6) The Secretary of State must lay the report before both Houses of Parliament within three months of receiving the review.”

[Lord Rosser (Lab)]

Our Amendment 216 in the form of a new clause provides for an independently chaired report on immigration detention, including, among a number of other issues, looking at introducing a statutory limit on time in detention.

Detention takes place in what are called immigration removal centres. They are, as the name implies, intended for short-term stays. That, though, is not how they are always used now. The use of detention has expanded rapidly over the last two decades. In 1993, 250 detention places were available in the United Kingdom. At the beginning of last year, the figure had reached just over 3,900. The number of people starting detention in the year to June 2015 was just over 32,000—up 10% on the previous year. Yet Home Office policy is that detention should be used sparingly.

In the last Parliament, an all-party group looked at immigration detention. We are unusual in this country in having no limit on administrative detention for immigration purposes. The recommendation of the all-party group calling for the introduction of limits on indefinite immigration detention was endorsed by the House of Commons last September. Included in the evidence heard by the all-party group, which had parliamentarians from both Houses, and in which opposition members were in a minority, was a case of a young man who had been raped, tortured and trafficked before arriving in this country. He had been detained for three years in an immigration removal centre. The inquiry also heard evidence which reflected reported incidents of deaths and of allegations of sexual assault in immigration removal centres.

Home Office-stated aims are that those who have been trafficked should not be detained, those who have been tortured should not be detained, and that detention should be for the shortest possible time. There is clear evidence that these aims are not always achieved. The all-party group inquiry into immigration detention heard evidence that detention was worse than being in prison, since people in prison do at least know when they will be getting out. People in prison have also been convicted of an offence, unless they are on remand awaiting trial. For people in immigration detention, the uncertainty can be hard to take. Their life is in limbo. They are not told a great deal—or, indeed, perhaps anything—about how long they will have to stay, and they do not know whether they will be deported.

There is, I agree, little sympathy for people in immigration detention, which is precisely why the present situation goes on and on. The view, expressed to me again in a conversation two days ago—last Saturday, is that those coming to this country are doing it only for the benefits they can obtain and for the use of our National Health Service. Unfortunately, too many of those in a position, and with the power, to influence public opinion on this issue choose to use their position and power to reinforce, rather than refute, that impression.

The all-party inquiry heard from medical people with knowledge in this field that the sense of being in limbo in immigration detention, and the hopelessness and despair it generates, leads to deteriorating mental health. One such witness said that those who are detained for more than 30 days have a significantly higher level of mental health problems. In the first three quarters of 2014, 37% of those detained were detained for longer than 28 days, even though 28 days reflects best practice in other countries. Home Office guidance provides for detention to be used only as a genuine last resort to effect removal.

The inquiry also heard from a person with knowledge as a team leader at the prisons inspectorate that lack of any time limit encourages poor casework and ineffective procedures. The evidence this person gave was that a quarter of the cases of prolonged detention that the prisons inspectorate had considered were the result of inefficient casework rather than because it was inappropriate for people to be released.

Despite these places being called immigration removal centres, most people who leave detention do so for reasons other than being removed from the United Kingdom. According to government statistics, more than half the detainees are released back into this country. The system would therefore appear not only potentially damaging for those involved but expensive and a poor use of resources, since detaining someone costs £36,000 a year, with the overall cost being, as I understand it, just over £164 million—or some 165 times the figure the Government used in this House the other week to justify the new offence of illegal working because of the greater opportunity it was considered it would provide to secure more money under the Proceeds of Crime Act—namely, just under £1 million.

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[Baroness Hamwee]

Indeed, and the sentence before the one which I quoted referred to a system,

“both … more protective of the welfare of vulnerable people and”,

delivering,

“better value for the taxpayer”.

[Lord Rosser]

I am sure the Committee will be relieved to know that I do not intend to say a great deal but, first, I thank everybody who has contributed to this debate and for the views that have been expressed.

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[Lord Keen of Elie]

I believe that I did observe that we accept the broad thrust of his recommendations. At this stage, we have not determined which of the 64 individual recommendations we will implement. I cannot see that as surprising in the time available.

[Lord Rosser]

That comes back to the point that the noble Lord, Lord Ramsbotham, made about this legislation in relation to an inquiry that has just taken place. In my opening contribution, I commented that a statement that we are accepting the broad thrust of the recommendations is as long as a piece of string. Perhaps I can test the Minister on that. Recommendation 62 states:

“I recommend the Home Office give further consideration to ways of strengthening the legal safeguards against excessive length of detention”.

Is that one that the Government intend to accept? I am only asking about one recommendation out of 64. The Minister shakes his head. That makes my point.

[Lord Keen of Elie]

With great respect, one could ask about one out of 64,000. It is not a question of which one but of addressing all of them in due course and in the context not necessarily of primary legislation but of the need for further guidance. The noble Lord has underlined the potential need for further guidance in this area.

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[Baroness Hamwee]

Well, I do not think the question was answered. Has the Minister any news about that? I appreciate that we are taking a long time on this, but the size and substance of the issue justifies it.

[Lord Rosser]

The reason for asking about recommendation 62 was that the Minister sought to tell us there was not a problem because people could apply for bail. But recommendation 62 is based on Mr Shaw looking at the situation with regard to bail. It is in the light of having looked at it that he said:

“I recommend that the Home Office give further consideration to ways of strengthening the legal safeguards against excessive length of detention”.

So I would have thought that the Minister, having referred to the very issue that prompted recommendation 62, might have a view on what the Government’s response was to it. But clearly there is silence from the Government on that particular score.

I do not know whether the Minister intends to respond to the question about the Home Office internal review. As I understand it, the noble Lord, Lord Ramsbotham, has said that he raised the question and has not had a response to it. Is there an internal Home Office review going on? I am obviously not going to get an answer, so it looks like a secret review.

[Lord Keen of Elie]

There could well be a secret review, but in so far as there is an ongoing review, we will write to the noble Lord about its progress. However, I have mentioned the matter which the noble Lord, Lord Ramsbotham, raised, about the short-term holding facility rules and the review of those rules. I indicated that we were going to consult on those draft rules in the light of the Shaw report.

[Lord Rosser]

Is the purpose of the Home Office internal review to decide whether to accept any or all of the Shaw report recommendations, or is it on another issue?

[Lord Keen of Elie]

There is an internal review, and I have already indicated that we will set out the position in writing.

[Lord Rosser]

That is a very interesting reply; the Minister is not prepared to tell me what the purpose of the review is. That is a fair comment, because he could have stood up and told me. I asked him the question and he has not answered it. I will just leave it in this context. We detain people who are not criminals for an unknown period of time as an administrative or executive decision and not as a judicial one at any meaningful stage. The message that has come over from the debate so far, in the absence of anything very specific from the Government, is that the Government find that situation entirely satisfactory. A number of noble Lords in the Committee this evening do not find that situation satisfactory. None the less, I beg leave to withdraw my amendment.

Amendment 216 withdrawn.

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[Lord Keen of Elie]

Again, I am obliged to the noble Baroness for highlighting this point. The new clause would require the Secretary of State to review the requirement that non-visitor migrants of specified nationalities register with the police, and then lay before both Houses a report on that review. In our submission, such a review and report is not necessary.

The noble Baroness correctly identified that there is a police registration scheme. The provision is set out in Section 3(1)(c) of the Immigration Act 1971. The requirements to register with the police are specified in the Immigration Rules. The requirement to register with the police is normally placed on a migrant who is aged 16 or over, from a non-EU country and who is given leave for longer than six months. The requirement is to register within seven days of obtaining qualifying leave to enter or remain. There are a number of exceptions where the requirement will not usually apply, including ministers of religion, people exercising access rights to a child resident in the UK, and those granted refugee status.

The requirement to register with the police is not onerous. In the Metropolitan Police area, where there is the highest concentration of migrants required to register, there is a designated office in Borough. For all other police force areas, the individual should register at the nearest police registration office. As the noble Baroness noted, there is a registration fee, currently £34, which reflects the administration costs of the police registration certificate.

The noble Baroness mentioned an occasion when students were reported to have had to queue. In October 2012, some long queues of migrants, mainly students, were seeking to register at the London Overseas Visitors Records Office. OVRO made changes to its process following that incident, including providing pre-booked timeslots for migrants required to register, and I am advised that there has been no recurrence of those queues. Universities are also given the option of collating the relevant paperwork from their students who are required to register and delivering it to the OVRO in bulk. The police continue to work and engage with those involved to manage peak flows in registrations and to minimise any inconvenience from that. I accept that there was an occasion in 2012 when there were delays, but that has not repeated itself.

The information required for registration is all information that will be held by the individual, including personal details, a current photograph, passport details, address in the United Kingdom, their last place of residence outside the UK, and details of their employment and/or place of study. This information is then on record for the police and other law enforcement to access, as necessary, in order to maintain security.

The various requirements for those seeking to stay and live in the UK, as set out in the Immigration Rules, are periodically under review to ensure that they strike the right balance between immigration control and security in the UK. I believe that this current approach is proportionate, particularly in the current state of heightened security concerns, and it is unnecessary for there to be a statutory requirement for a formal review to be conducted and a report laid before both Houses. In light of these points, I invite the noble Baroness to withdraw the amendment.

[Lord Rosser]

How many people should have registered under this arrangement in 2014, or any other year that the Minister is aware of, and how many did register? What is the penalty for not registering and how many people have been penalised for not registering?

[Lord Keen of Elie]

I am obliged to the noble Lord for his three questions and I will write in response to provide the detail, which I do not have immediately to hand at this moment. I hope that was not a surprise to the noble Lord.

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[Lord Rosser]

It was not, but I am grateful to the Minister for his response.

[Baroness Hamwee]

When the Minister writes, will he explain what he described to me to be functions of UK Visas and Immigration—if I have its current title correct? It sounded as though a degree of duplication is required on the part of the police. One would have thought that the visa implications of all the administration, particularly around students, would have been taken care of without having to go to a central point to register. I agree that the amendment is not necessary, because it does not require an amendment for the Government to undertake a review. However, on the Minister’s comment that the arrangements are not onerous, I wonder why it was so specifically raised with us by Universities UK, which will no doubt read the comments and give us its response. I beg leave to withdraw the amendment.