Clause 26 - Conditions of residence
Nationality, Immigration and Asylum Bill
6:00 pm
Mr Humfrey Malins (Woking, Conservative)
This clause deals with conditions of residence. My lead amendment refers to the condition that might require a person not to be absent from the centre during specified hours, and seeks to limit it to 12 hours per day. It is simply a probing amendment to find out what kind of restraints the Government expect to be placed on those at accommodation centres. The nearest parallel in my life has been my experience in courts when conditions of bail are imposed upon people. Sometimes, the person must not just reside at a certain place, which in legal terms means live and sleep there, but is subject to a curfew from say 9 o'clock at night until 9 o'clock in the morning. The curfew is imposed to prevent the commission of crimes during that period. I know that the Government will not be able to be specific, but I should like to know how much freedom of movement they expect people in accommodation centres to have. Obviously, there is a requirement to reside there, but one hopes that they will have total freedom during the day to come and go as they wish.
Amendment No. 147 says that the permission to be absent should not be unreasonably withheld by the manager. It is similar to the last amendment and merely seeks to find out the sort of regime that might operate at a particular accommodation centre. Amendment No. 149 is also similar and says that a condition may require a person to report to an immigration officer or the Secretary of State only
''if it is reasonable to do so.''
These are simply probing amendments. We are anxious to ensure that the regime in accommodation centres has a light touch. We are trying to ensure that a reasonable test is inserted into the conditions of residence. This is quite important, because the ability of the authorities to require a person to leave an accommodation centre in the event of a breach could bring unforeseen and nasty consequences for the asylum applicant.