Immigration Detention

Virendra Sharma Excerpts

Thursday 10th September 2015 Commons Chamber

[Mr Virendra Sharma (Ealing, Southall) (Lab)]

I thank you, Mr Deputy Speaker, for allowing me to speak in this very important and timely debate. I rise to support the motion and congratulate my hon. Friend the Member for Sheffield Central (Paul Blomfield) on securing the debate.

“We will enforce immigration rules humanely and effectively. We will end the indefinite detention of people in the asylum and immigration system, ending detention for pregnant women and those who have been the victims of sexual abuse or trafficking. And we will ensure Britain continues its proud history of providing refuge for those fleeing persecution by upholding our international obligations, including working with the UN to support vulnerable refugees from Syria”—

and from all over the world. I was proud to stand for re-election earlier this year on a Labour manifesto pledge to end indefinite detention for those in the asylum and immigration system. A joint report by the all-party parliamentary group on refugees and the all-party parliamentary group on migration, co-authored by my hon. Friend the Member for Sheffield Central, has not only many disturbing findings, but many encouraging and workable suggestions, too.

It seems that Home Office guidance on detention often leaves much to be desired. Although minimal use of detention is recommended, detention appears to be seen as an easy option for delaying resolutions. That is particularly cruel when we consider that the centres in which people are held were mostly built to be high-security prisons. People in need, people without homes, people who have come for our help in their darkest hours are being abused by a system that considers them statistics, not humans.

The lack of humanity is startling. My hon. Friend the Member for Hornsey and Wood Green (Catherine West) has been trying since her election to visit the immigration removal centre, Yarl’s Wood. The Home Office has refused her applications. Unsurprisingly, it is ashamed of the regime there.

Staggeringly, in the past year, 13 children in Yarl’s Wood have been classified as adults. Within the UK as a whole, the number has grown to an unbelievable 127 since 2010. This Government have been presiding over a system that incorrectly classifies children as adults, and leaves them within the adult population for months before allowing them to challenge that decision. Children who have been correctly classified are routinely removed from their parents and housed elsewhere. Research by Bail for Immigration Detainees has shown that in 75% of cases where that happens the parents are finally released, and detention has been nothing but an immense strain on the family and individuals.

While prison officers have been given information and training in identifying signs of extreme mental distress, those in removal centres rarely have the training or support to do so. The British Medical Association recommends such training as vital. Healthcare is not a luxury for these people; it is a right. Specialist services must be as accessible to detainees as they are to the general public. Across the board the transfer of healthcare service commissioning to NHS England has been welcomed, but that is not the end of the problem, and screening processes have not yet been fully put in place.

A report by Her Majesty’s inspectorate of prisons from 2012 noted that nearly 20% of the people it interviewed had spent more than six months waiting without making a bail application. Poor legal advice and understanding of the system was considered to be the most likely reason for that. Bail for Immigration Detainees found that only half of detainees had a legal representative. The system we have fails those whom it is meant to serve. Liberty estimates that 45%—3,483 people—of those held on British immigration estates are asylum seekers, not economic migrants. Those human beings have fled for their lives with nothing but the clothes on their backs; they have come through the storm. Humanity must dictate our behaviour, and detention must be only a last resort, not an easy solution.

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[Mims Davies (Eastleigh) (Con)]

My constituents will have found this debate fascinating and enlightening, and I hope that people who do not have detention centres in their communities have learned as much as I have today. The debate comes at a key time as we consider strong concerns about Yarl’s Wood detention centre, and it is right and proper that they are fully investigated.

It is important to distinguish between detention and immigration as a whole, and truly to consider people’s welfare and the care given to them by the state while they are detained. I firmly support the Government’s wish to achieve a substantial reduction in immigration, which got completely out of control under Labour. It left 450,000 cases unlooked at, which was unacceptable. Those people’s lives will be blighted if we do not deal with that. It is right that that figure is now being brought back to a reasonable level, which means that individuals are once again being dealt with.

My constituents want a fairer immigration system. Inhumane treatment must be challenged and recent improvements built on. The Minister has noted and understands the pertinent issues that have been raised about a far from perfect system.

We must be fair and understanding not only on those who wish to come to our shores but on British citizens. The UK is a global hub that attracts talent, which contributes to our economic dynamism. As we have heard, detained people can contribute to our communities, and rightly so.

Investigations show that poor casework is causing massive suffering. It is truly worrying that 30,000 people are suffering further due to casework failures. The process seems unjust and ineffective, and it is worrying to hear that a number of women feel unsafe. The lack of gender understanding is simply unacceptable.

On detention itself and part 1 of the report, those who do not have the right to be in the UK can, of course, leave voluntarily. However, if they break the law, detention is a reasonable next step—but it must be the right kind of detention. Unlike the stories we have heard today, people must be removed appropriately and within a reasonable timeframe. Huge delays cannot be overlooked, because individuals are suffering.

Although I recognise the calls for a fixed time limit on immigration detention, I am not sure that I wholly support them. Each case has its own individual circumstances and I am not sure whether an arbitrary fixed time limit would enable us to recognise the finer details within 28 days. Would the focus be on getting it right or on working to a timetable? That needs to be further considered. We must recognise that detention does not sit outside the law and that all voices should be listened to.

[Mr Virendra Sharma]

I do not want to interrupt the hon. Lady’s flow, but the period of 28 days we are asking for is a maximum, not a total. People should not suffer for so long without knowing what is happening to them.

[Mims Davies]

I thank the hon. Gentleman for his input. I absolutely agree that we should be working to something, but if the casework and the systems are not in place it is very difficult to set a number. It is important that judicial review, which provides a powerful and constant check, remains intense and has clear oversight.

The welfare of those in detention centres is a very serious matter. Under the Labour Government, 1,000 children a year were in prison-like conditions, and I am proud that my party is ending the detention of children for immigration purposes. The number of children entering detention is falling rapidly, but the end cannot come soon enough. These are little people going through a very frightening process in a foreign country.

I welcome this key, enlightening debate and the extra scrutiny this House is giving to the process of detention. A state cannot allow those who break the law to continue to live as though they have not done so. The rule of law depends on us upholding it appropriately.

I absolutely support having a hard look at how to remove and detain people properly, and at the arbitrary timeframe of the 28-day limit, as colleagues have said. We must make sure that those in detention in the UK are treated with respect and dignity. It is right to enforce our laws, but we must work together to act with humanity. This is a scandal waiting to happen: there could be further loss of life if we do not shine a light on this issue.

I agree with other hon. Members that our future handling of such complex cases involving vulnerable people must be balanced by the appropriate and proportionate management of detainees who might simply be here to abuse the system. I am sure that the Minister has taken on board the importance of what hon. Members have said.

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[Chris Stephens (Glasgow South West) (SNP)]

I thank the hon. Members who petitioned me to sign up to secure this timely debate. In the short time I have been in this place, 45% of my casework has been on asylum-related issues. Indeed, I am becoming a regular correspondent with the Immigration Minister. I hope this debate on detention will be the start of looking at the many other issues surrounding the asylum process that are causing me concern. I will be using other parliamentary procedures to raise those issues.

Let me first welcome the excellent all-party group report, which sets out many of the issues. As my hon. Friend the Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) said, the report was backed up by an unannounced inspection of the Dungavel detention centre in June by Her Majesty’s inspectorate of prisons, which raised concerns about Home Office decisions on who is detained. Incidentally, some of those detained have a documented history of having been tortured and of having serious health conditions. The report adds further weight to the parliamentary inquiry carried out by the all-party groups.

The problems of detention will not be solved by tinkering; the problems are systematic. We know that because this year, to June 2015, 1,322 people have been brought to Dungavel as a first place of detention. We know from freedom of information requests by the BBC that, in January 2015, 22% of detainees resident at Dungavel had been detained for more than three months and that two individuals had been there for more than a year. That is too long and I agree that we need a 28-day time limit.

The effects of long detention were explained by my hon. Friend the Member for Rutherglen and Hamilton West (Margaret Ferrier). Detention means isolation. One of the problems with detention centres such as Dungavel is that they are in an isolated position. The nearest detention centre to Dungavel is Morton Hall in Lincolnshire, which is 270 miles away. People are brought to Dungavel from all over the United Kingdom. That exacerbates some of the negative impacts, and means it is difficult for detainees to maintain contact with family members and other social support networks. For family members without access to a car, journey times can be very lengthy indeed, often leading to an overnight stay which many cannot afford. The difficulties of maintaining contact will and does impact on the mental health of those detained.

One issue that has not yet been touched on is the loss of belongings. We know from reports that, sadly, it is not uncommon for detainees to be collected or detained and not given the opportunity to collect their belongings. That is a very serious issue indeed and Scottish Detainee Visitors has done a lot of work in that regard. People should be entitled to their belongings when they are in detention.

In Dungavel, there are 14 bed spaces for women, compared with 235 for men. The report is clear that, inevitably, there are risks associated with holding women in a predominantly male centre. The Home Office really does need to look at these specific issues.

In my exchange with the hon. Member for Enfield, Southgate (Mr Burrowes), I touched on the very important issue of access to legal representation. One of the problems in moving detainees from Scotland to England is that they have different systems, and a Scottish solicitor can find it extremely difficult to contact an English solicitor if a removal is expected over a short period. This is becoming a major issue in some of the cases I have been dealing with, so I hope the Home Office will consider it.

[Mr Virendra Sharma]

Does the hon. Gentleman agree that the problem is not only the poor legal system but lack of knowledge of the legal system among detainees, along with English language and communication problems?

[Chris Stephens]

I agree completely.

Detention centres are so far out of the way, solicitors can be unable to get to them and have to correspond by letter, which is not always appropriate. We are now finding that detainees, when they are released from detention centres, are being left in a state of destitution. It is up to charities, such as Scottish Detainee Visitors, to help them with their belongings and their transfer. That is very concerning, as is the impact it will have on other social services.

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[Jess Phillips (Birmingham, Yardley) (Lab)]

I have been exceptionally moved by all the stories I have heard since I joined the debate from Committee, but the story told by my hon. Friend the Member for Sheffield, Heeley (Louise Haigh) in particular highlighted some of the effects of detention suffered by young men. However, I want to focus very much on the detention of women.

As I said, I visited Yarl’s Wood detention centre in August, completely freely—I was allowed to go because I did not ask the Government whether I could go, but had arranged to visit residents with a refugee women’s organisation. I went to see an individual who had been detained there and then deported and who, when she returned, was detained there again. When I arrived, I was told that I was not allowed to see her because she had been released—which I was utterly delighted by, to be perfectly honest. I then made a request to visit another inmate. When I was talking to her, I found out a few startling things about the place and about her case.

The woman had been there for four months—long beyond any 28-day period. She had come from Nigeria, seeking asylum due to her sexuality—she told me a horrific story, which does not bear repeating, about why she had to come here. When she arrived, brought here by somebody she trusted, she was kept in a cellar in London for two years and repeatedly raped by men who had paid to have sex with her. This woman is a victim of human trafficking. As somebody with some expertise in this field, I asked her why she had not qualified for the national referral mechanism for human trafficking, which would certainly not have detained her, but given her a 60-day reflection period, along with benefits and support. She said that two inconsistencies in her story meant that she was not believed to be a victim of trafficking and, because she had known the person who brought her here, she had not qualified.

I have met lots of victims in my life, many from this country. Let us imagine having to give evidence—to tell the same story over and over again—in a language other than our mother tongue. Things are going to get confused; and maybe, in a room in Solihull or Croydon, people do not want to talk to the man behind the desk about how they were ritually raped. It was easy for me to do a basic risk assessment for this woman and find that she was a victim of a horrific crime. I am delighted to say that the next day she was released from Yarl’s Wood. I am no conspiracy theorist, but it seems a bit suspicious that every person I have been to see has been released, so I plan on visiting every woman in Yarl’s Wood over the next few weeks.

[Mr Virendra Sharma]

If that is true, as everybody accepts it is, we will ask my hon. Friend to visit all the centres in future.

[Jess Phillips]

I am on quite a lot of Committees, I have two small kids and I do not live anywhere near Bedford, but I will give it a go: I will shut the place by stealth if that is what it takes.

What I saw when I visited Yarl’s Wood was not some horrific sort of gulag; there was a visitors centre on the front of what was clearly a prison, on a really weird and eerie estate, and the staff were all completely lovely. It was more than reasonable of them to let me see another person who I had not been down to visit. I did not see any horrors, but given the stories that the women told me, and because I am trained and have an understanding of what it is like for women who have suffered terrible crimes against their person, I can totally understand why they find detention so difficult.

If the detention system has to continue, there is an absolute need to ensure a gender-specific service, exactly as we would commission gender-specific services in our local authorities. No local authority commissioning framework would ever allow a women’s refuge to be run completely by men. We have to stop detaining women who have been victims of brutal and enduring sexual violence without even offering them proper counselling or any support while they are there. None of these women seems to have had anyone talk to them about these problems.

Furthermore, we have to make sure that 28 days actually means 28 days and that the very first questions asked by those processing any women are what has brought them to this country and whether they have been trafficked. We should be using the very good systems put in place by the Government in the national referral mechanism—although they are good only if they are used. In my opinion, Yarl’s Wood should be closed immediately, because the detention system as it stands is not fit for women.