New Clause 8 - Detention by Secretary of State
Asylum and Immigration (Treatment of Claimants, etc.) Bill
10:15 am
Mr Neil Gerrard (Walthamstow, Labour)
I thank the hon. Lady for making that point. I am aware of families in Oakington whose cases have not been decided.
Usually, the question of the detention of the parent will be addressed first and the question of the detention of the child will follow on from that, on the presumption that it is best for them to remain with their parents. I am unsure whether parents would
always agree that it would be best if their children were to end up in detention. The prisons inspectorate recommended that detention should be exceptional and only for very short periods, and that there should be more reliable information from immigration authorities about detention.
Some of the organisations that work with asylum-seeker families have always maintained that detention has not been the exceptional course, but that it has been used in cases where families have not absconded but have maintained contact with the immigration authorities and where people who have been detained have then been released and obtained asylum status. Therefore, they cannot only have been present at the last minute before they were removed.
In December, the Home Office announced measures designed to respond to some of the criticisms about the detention of children. One suggestion was that the express authority of Ministers would be required to maintain detention after 28 days, but that is not the same as a few days, which is what the prisons inspectorate proposed should be the limit. There is a question as to what access a detained family ought to have to legal representation so that they can challenge their detention.
I can think of very few cases where I could see a justification for detaining children. I hope everyone agrees that that should be a last resort, but I am not convinced that the evidence shows that to have been the case. There are people in detention whose asylum claims have not been considered: people with children have been detained for a long period rather than only for a few days. We ought to tighten the rules on the detention of children.
That, essentially, is the purpose of the new clauses. Children should not be in detention. It is not appropriate for a child who has not committed any offence to be held in detention because of the actions of their parents.