Immigration Detention

Paul Blomfield Excerpts

Thursday 10th September 2015 Commons Chamber

[Paul Blomfield (Sheffield Central) (Lab)]

I beg to move,

That this House supports the recommendations of the report of the Joint Inquiry by the All Party Parliamentary Group on Refugees and the All Party Parliamentary Group on Migration, The Use of Immigration Detention in the United Kingdom; has considered the case for reform of immigration detention; and calls on the Government to respond positively to those recommendations.

I thank the Backbench Business Committee for responding so positively to the request from myself and the hon. Members for Bedford (Richard Fuller) and for Enfield, Southgate (Mr Burrowes) that we have this debate. In a week in which so much parliamentary time has rightly been devoted to our role in supporting refugees outside this country, today is a timely opportunity for us to consider how we treat those who are already on our shores.

The focus of the debate is the joint report of the all- party group on migration, which I chair, and the all-party group on refugees, which was chaired at the time we commissioned the report by the then hon. Member for Brent Central, Sarah Teather. I pay tribute both to her leadership of our inquiry and her determined work on these issues over many years.

Our eight-month inquiry was undertaken by a cross-party panel of parliamentarians from both Houses, many of whom had enormous experience of the issues, including a retired Law Lord, a former chief inspector of prisons and a former Conservative Cabinet Minister from the last Government. I pay tribute to their contributions. It took place following several high-profile incidents within immigration removal centres, including deaths and allegations of sexual assault, and amid plans to increase the size of the detention estate by expanding Campsfield House immigration removal centre in Oxfordshire.

The problems have been well documented, but Parliament has never taken a systematic and comprehensive look at how we use detention, so we thought there was a need for that wider piece of work. We held three oral evidence sessions and received nearly 200 written submissions, and I pay tribute to all those who submitted evidence, particularly those who shared their often painful and harrowing experiences as detainees themselves. I am delighted that some are in the Gallery today. At our first oral evidence session, we heard from non-governmental organisations and medical experts but most powerfully from three men in detention centres at that time. We questioned them about their experiences via a phone link.

In her foreword to the report, the former Member for Brent Central describes a moment in the Committee Room during that session when everybody gasped. We were talking via the phone link with a young man from a disputed territory on the Cameroon-Nigeria border. He told us he had been trafficked to Hungary as a 16-year-old, where he was beaten, raped and tortured. He had managed to escape and eventually made his way to Heathrow using a false passport. It was discovered on his arrival, and he was detained. We then asked him how long he had been detained, and his answer was three years—three years in what is supposed to be an immigration removal centre. His detention conflicts with the stated aims of the Home Office: that those who have been trafficked should not be detained; that those who have been tortured should not be detained; and that detention should be for the shortest possible period. But he is just one of the thousands of people this country detains each year.

As the use of detention has expanded rapidly over the last two decades, so has the size of the estate. In 1993, there were just 250 detention places; by 2009, that had risen to 2,665; at the beginning of this year, it was 3,915. The number of people entering detention in the year to June 2015 was just over 32,000—up 10% on the previous year. By contrast, in 2013, Sweden, despite receiving three times the number of asylum applications we do, detained just 2,893, and Germany detained just over 4,300. The Home Office policy states clearly that detention must be used sparingly.

[Nia Griffith (Llanelli) (Lab)]

I congratulate my hon. Friend and the all-party groups on their report. Back in 2007, the Joint Committee on Human Rights in this House, in a rather briefer report, looked at limiting detention, as does his report, to 28 days. Given what is happening in other countries, does he share my intense disappointment that the numbers have so escalated since then?

[Paul Blomfield]

I do indeed. It underlines the urgency of today’s debate and the need to address the issue. Nobody, especially not the Government, wants to see the immigration detention estate expanding, but without a shift in policy along the lines recommended in the report, it will be an inevitable, deeply distressing and disturbing reality.

The UK is alone in the EU in not having a maximum time limit on detention. That lack of a time limit was a constant theme in the evidence we received during our inquiry and one on which we received some striking testimony. Time and again we were told that detention was worse than prison, because in prison people know when they will get out. As one former detainee said:

“The uncertainty is hard to bear. Your life is in limbo. No one tells you anything about how long you will stay or if you are going to get deported.”

A team leader from the prisons inspectorate told us that the lack of a time limit also encourages poor working.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Like others, I commend the hon. Gentleman for his work, and I am grateful to him for his comments about my former colleague Sarah Teather, who did tremendous work in this area in her time here. On the lack of a time limit, does he think that inadequate access to legal representation is one of the reasons why people end up in open-ended detention in that way? The briefing supplied to us today by Bail for Immigration Detainees points out that 11% of those detained have never had any legal representation at all.

[Paul Blomfield]

I thank the right hon. Gentleman for his intervention and I very much agree with him. That was a feature of the evidence we received. Addressing that issue is important to ensure justice and speed in processing applications, which is in the interests of everybody.

I mentioned poor working in the consideration of cases, and the representation we heard from the prisons inspectorate suggested that, in one quarter of the cases it had looked at, prolonged detention was the result of inefficient case working. Therefore, having a time limit is not simply about justice and humanity; it is about ensuring a focus in the system and changing the culture. Medical experts also told us that the sense of being in limbo—the sense of hopelessness and despair—leads to deteriorating mental health. One expert from the Helen Bamber Foundation told us that those detained for more than 30 days had significantly higher mental health problems.

Although they are called immigration removal centres, we found that most people who leave detention do so for reasons other than being removed from the UK. That is an important point. According to the latest immigration statistics, more than half the detainees released are released back into the country, so this is not just about the impact on those detained; it is also about cost and the good use of public money. It costs some £36,000 a year to detain somebody for 12 months, so a huge amount of taxpayers’ money is being spent on detaining people who we will eventually release into the UK anyway.

Our central recommendation is for a maximum time limit set in statute, not simply to right the wrong of indefinite definition, but to change the culture endemic in the system. We settled on 28 days, not only because it reflects best practice from other countries, but because it is workable for the Home Office, given that in the first three quarters of 2014 only 37% of people were detained for longer. It also reflects the evidence of the mental health impact on those detained for more than a month. We also recommended that decisions to detain should meet the aims of the Home Office’s own guidance—that is, taken more sparingly and only genuinely as a last resort to effect removal. Deprivation of liberty should not be a decision taken lightly, nor should it be taken arbitrarily. Currently, decisions are taken by relatively junior Home Office officials, with no automatic judicial oversight. With no time limit, it has become too easy for people to be detained for months on end, with no meaningful way of challenging their continued detention.

The introduction of a time limit and the reduction in the reliance on detention would represent a significant change. In order to detain fewer people for shorter periods, the Government will need to introduce a much wider range of community-based alternatives. In our report, we give a number of examples of those alternatives, from places as different as the United States and Australia, which is often cited as an example because of its tough immigration system, as well as Sweden, which we visited in the course of the inquiry. These alternatives allow people to remain in communities while their cases are resolved, including when making arrangements to leave the country. These alternatives are not only more humane, but cost less and have a higher compliance level.

There is a UK precedent. When the coalition Government committed to reducing the number of children detained, they introduced a family returns process, which the House of Commons Library described as designed

“to encourage refused families to comply with instructions to depart from the UK at an earlier stage, such as by giving them more control over the circumstances of their departure.”

It worked. There has been a dramatic fall in the number of children detained, and the Home Office’s own evaluation of the scheme found that most families complied with the process—with no increase in absconding.

There are a number of other recommendations in the report; others will refer to them, but let me briefly cover them. We recommend that pregnant women and victims of rape and sexual violence should never be detained, and that the shocking harassment and abuse experienced by lesbian, gay, bisexual, transgender and intersex detainees must be addressed.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I join others in congratulating my hon. Friend on securing this very important debate. Will he join me in putting on the record his thanks for the work done by Women for Refugee Women to uncover some of these problems in Yarl’s Wood—often against blanket denials from the Home Office that these problems are happening?

[Paul Blomfield]

I will indeed, and I thank my hon. Friend for her intervention. I understand that some of the representatives are here today, which is welcome. I hope to meet them after the debate.

We echo the call of the chief inspector of prisons to allow detainees more freedom when it comes to internet access, which was needlessly denied in many cases. We hope that the Shaw review will look at our concerns about the treatment of individuals with mental health problems and of vulnerable detainees for whom detention is clearly not suitable.

Our central recommendation, as I say, is for a statutory limit on detention—not simply because it is more just and more humane, but because it would be less expensive and more effective in securing compliance. Moreover, this unanimous recommendation stands in line with the practice of the majority of countries with which we would compare ourselves, and with the views of most experts in this country who have looked at the issue. We hope that the House will agree that the Government should positively consider our report and take up our recommendations.

--- Later in debate ---

[Paul Blomfield (Sheffield Central) (Lab)]

On behalf of the hon. Members for Bedford (Richard Fuller) and for Enfield, Southgate (Mr Burrowes) and my own behalf I thank all the Members who have contributed to the debate. I am delighted to say that there were too many speakers for me to mention individually. All the speeches were characterised by powerful stories and strong arguments. The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) is right: we have stumbled into this situation under the auspices of successive Governments, and we all have a responsibility to resolve the position and sort it out.

We have heard from 25 speakers representing four parties on both sides of the House, and there has not been a dissenting voice on our central recommendation.

[Fiona Mactaggart]

Will my hon. Friend give way?

[Paul Blomfield]

I do not think that I have time, but I give way briefly.

[Fiona Mactaggart]

Does my hon. Friend share my disappointment that, although the Minister referred to Stephen Shaw’s report, we still do not know when it is going to be published, and we do not know what consultation will take place with medical experts and organisations representing people whose mental health is suffering in detention about the consequent conclusions of the Home Office?

[Paul Blomfield]

Yes I do, and I am also concerned about the fact that the remit of the report is too narrowly drawn.

Our central recommendation is for a statutory limit on immigration detention. The cultural change that that will produce—an end to the presumption to detain, and the development of community-based alternatives—will restore humanity and justice to the system, and it will be more efficient and effective.

I hope that the Government will take account of the debate. The Minister set out the Home Office’s policy and, indeed, the law on indefinite detention. The problem is that the reality does not match it, and I hope that he will acknowledge the need for change.

Let me end by joining others in thanking Sarah Teather for her work. I also thank all the detainees who gave evidence to us, many of whom have watched the debate today. I hope that they will see the difference that their contribution has made, and I commend the motion to the House.

Question put and agreed to.

Resolved,

That this House supports the recommendations of the report of the Joint Inquiry by the All Party Parliamentary Group on Refugees and the All Party Parliamentary Group on Migration, The Use of Immigration Detention in the United Kingdom; has considered the case for reform of immigration detention; and calls on the Government to respond positively to those recommendations.