Schedule 5 - Immigration bail

Part of Immigration Bill – in a Public Bill Committee at 4:30 pm on 3rd November 2015.

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Photo of James Brokenshire James Brokenshire Minister of State (Home Office) (Security and Immigration) 4:30 pm, 3rd November 2015

I will come on to that point. It is a slightly different one from the one I was addressing. On amendment 200, I was responding to points about preventing detention where bail had been granted and about re-detaining if there was no risk of a breach. Sometimes, very close to a removal, when it is felt that the safest and most appropriate action would be to use detention, that mechanism may be adopted. Re-detention could be appropriate. It is also worth remembering that people granted bail might never have been detained. There will be people who are allowed into the UK on conditions while their claim is being considered. The amendment would mean that the Secretary of State could not detain such individuals if there were a change in their circumstances—for example, if their claim had been refused—without a suspicion that they were about to breach or had breached conditions.

The power as drafted could not be used on an individual who had been granted bail by the tribunal where the facts in their case had not changed. Any attempt to re-detain would be unlawful. The power is not about marginalising the tribunal’s ability to grant bail by allowing the Secretary of State to re-detain almost immediately after release. The power is about ensuring that detention is still available as an option when an individual is on bail and there is a change of circumstances in their case. The individual may never have been detained. The power is most likely to be used when removal becomes imminent, such as where someone was admitted at the border and their claim has subsequently been refused.