§ 2.47 p.m.
§ Lord AVEBURYMy Lords, I beg leave to ask the second Question which stands in my name on the Order Paper.
§ The Question was as follows:
§ To ask Her Majesty's Government whether they will list the prisons and police stations where persons were detained under the provisions of the Immigration Act 1971 at the end of January 1890, giving the number of persons detained in each location.
§ The PARLIAMENTARY UNDERSECRETARY of STATE, HOME OFFICE (Lord Belstead)My Lords, on 31st December 1979, the latest date for which this information is readily available, there were 173 persons detained in prisons under the provisions of the Immigration Act 1971. As the breakdown requested is in the form of a table, I shall, with permission, circulate it in the Official Report. I regret that the information about people detained in police cells could only be obtained at disproportionate cost.
§ Following is the information referred to:
§ Persons detained in prison under the Provisions of the Immigration Act 1971 at 31st December 1979.
| Males | Females | ||
| Ashford RC | 12 | Holloway | 11 |
| Bedford | 1 | Risley RC | 1 |
| Birmingham | 14 | ||
| Canterbury | 4 | Total | 12 |
| Dorchester | 2 | ||
| Durham | 1 | ||
| Gloucester | 2 | ||
| Leeds | 5 | ||
| Pentonville | 112 | ||
| Risley RC | 5 | ||
| Winchester | 1 | ||
| Winchester RC | 2 | ||
| Total | 161 |
§ Lord AVEBURYMy Lords, can the Minister tell the House whether this 485 figure of 173 includes both those who are to be charged under Sections 24 to 28 of the Act, and those who are detained as illegal entrants on the authority of a police officer or an immigration officer under Schedule 2 to the Act?—which means that no charge will be preferred against them. In respect of these latter categories, are they entitled to contact a friend or solicitor under the Judges' Rules and under Section 62 of the Criminal Law Act 1977? In the event of no friend being known, will provision be made by the authorities for informing the duty solicitor at the local law centre, or one of the national organisations which looks after the interests of immigrants, in order to ensure that people are not detained for several months at a stretch without accusation or trial?—as happened in the recent case of Mr. Abraham Habte, an Ethiopian refugee, who remained in Pentonville from 17th November until 5th February, when he was finally allowed to remain in this country.
§ Lord BELSTEADMy Lords, I am certain that the answer to the first question which the noble Lord asked me is, Yes. If by any chance I am wrong, I will write to the noble Lord immediately. The answer to the noble Lord's second question, about the contacting of solicitors, is longer. If someone is in prison, having been convicted by the courts, they will be subject to exactly the same rules as pertain for other people who are convicted and are in prison. On the third point raised by the noble Lord about the length of time people are detained in prison, every effort is made to keep the time spent in detention to the minimum, but the reasons for delay are nearly always outside the control of the Home Office.
§ Lord AVEBURYMy Lords, in the latter half of my supplementary question I am talking about people detained under Schedule 2; that is, the administrative provisions of the 1971 Act. I am asking first whether they can contact a friend or solicitor under the Judges' Rules or the Criminal Law Act 1977, and, in the case of those persons detained as alleged illegal entrants or otherwise under the provisions of Schedule 2, where they do not have a friend and do not know the name of a solicitor, whether the prison authorities or the police authorities would, on their 486 behalf, contact the duty solicitor at the nearest law centre, or inform officers of the national organisations which look after the interests of immigrants in general?
§ Lord BELSTEADMy Lords, I can only repeat to the noble Lord that if they are not convicted prisoners then they are not subject to the rules which apply to convicted prisoners. If they are convicted prisoners, then they are so subject to the rules.