Immigration Bill

Natascha Engel Excerpts

Ping Pong: House of Commons
Monday 9th May 2016 Commons Chamber

Consideration of Lords message

[Madam Deputy Speaker (Natascha Engel)]

I inform the House that Lords amendment 87B involves financial privilege.

After Clause 30

Detention etc. by immigration officers in Scotland

[The Minister for Immigration (James Brokenshire)]

I beg to move, That this House insists on its disagreement with Lords amendment 84.

[Madam Deputy Speaker (Natascha Engel)]

With this it will be convenient to discuss the following:

Lords amendment 84, and Government amendment (a) in lieu.

Government motion not to insist on amendment 85B in lieu of Lords amendment 85 and to agree to Lords amendment 85C as amended by Government amendments (a) to (f).

Government motion to agree to Lords amendment 87B in lieu of Lords amendment 87 and Government amendments (a) and (b).

Commons amendments 84A and 85B, Government motion not to insist, and amendment (a) in lieu of Lords amendment 84.

[James Brokenshire]

The Government remain strongly of the view that specifying a maximum time limit for immigration detention would be arbitrary, would not take account of individual circumstances and would encourage individuals to seek to frustrate the removals process until the time limit was reached, so having a negative impact on our ability to enforce immigration controls and maintain public safety. In response to the concerns expressed by a number of Members here and in the other place, we accepted that there should be greater judicial oversight over detention, and we tabled a motion, the effect of which would be that individuals would automatically be referred to the tribunal for a bail hearing six months after their detention began or, if the tribunal had already considered whether to release the person within the first six months, six months after that consideration.

This House approved that motion but, although some peers accepted that the issue of judicial oversight had now been satisfactorily addressed, others remained concerned that six months was too long without that oversight. After careful consideration, we propose again a duty to arrange consideration of bail, but we are now reducing the timing of an automatic bail referral from six to four months. This earlier point of referral reflects the fact that the vast majority of persons are detained for fewer than four months.

Moving on to amendments (a) to (f), the Government have listened carefully to the concerns expressed in this House and the other place on the issue of detaining pregnant women. The motion agreed in the other place would maintain the 72-hour time limit agreed in this House, extendable up to a week with ministerial approval. We have listened carefully to the points raised by the peers who have tabled these amendments. In order further to strengthen the safeguards, we have tabled amendments that will make it clear that pregnant women will be detained for the purpose of removal only if they are shortly to be removed from the UK or if there are exceptional circumstances that justify the detention. The guidance will also make it clear that they should be used in very exceptional circumstances, underlining our expectations in regard to the use of this power.

We have also proposed an amendment that would place an additional duty on officers making detention decisions in respect of pregnant women to have due regard for their welfare. These additional measures, alongside the 72-hour time limit, would act as statutory safeguards to complement the Government’s wider package of reform, which includes the new adults at risk policy, a new gatekeeper function and new safeguarding teams. We also intend to ask Stephen Shaw to carry out a short review to assess progress against the key actions in his previous report.

I turn now to Lords amendment 87. The Government have always been clear about our commitment to identifying and protecting vulnerable refugee children, wherever they are. We wholeheartedly share their lordships’ underlying intentions in this regard. We have a moral duty to help. Our efforts to date, both within and outside Europe, have been designed to do just that. Our commitment to help those in need stands comparison with any other country. The UK has been playing its part in supporting European neighbours to provide support to those who have arrived, by already providing nearly £46 million of funding to the Europe-wide response to help the most vulnerable, including infants and children. This assistance will support vulnerable people including children on the move or stranded in Europe and the Balkans. In addition, the £10 million Department for International Development fund announced on 28 January will support the United Nations High Commissioner for Refugees, Save the Children and the International Rescue Committee to work with host authorities to care for and assist unaccompanied or separated children.

As the Prime Minister made clear last week, we will accept the amendment. However, we have always made it clear that, in implementing it, we must do nothing that would inadvertently create a situation in which more children put their lives at risk by attempting perilous journeys to Europe. That is why only those from Greece, Italy and France who were registered in the EU before 20 March will be eligible for resettlement, when it is in their best interest to come to the UK.