HL Deb 02 November 1999 vol 606 cc859-60

(" .—(1) The Secretary of State shall publish guidance as to the maximum period for which a person detained in accordance with Schedule 2 or Schedule 3 to the 1971 Act may be held in a place of detention as specified in paragraph 18 of Schedule 2 to the 1971 Act.

(2) For the purposes of calculating whether the maximum period of detention has been reached, each and every period for which a detained person has been held in a detention centre or prison, whether or not the detention has been continuous, shall be taken into account.").

The noble Lord said: My Lords, when we discussed the amendment earlier tonight, the noble and learned Lord the Attorney-General was kind enough to say that the Government shared its aims. However, he went on to say that if approved it would be unworkable because the Secretary of State could not lay down maximum periods.

However, will the administrative instructions given to immigration officers be continuously reviewed with a view to tightening them up as regards detention? Furthermore, will instructions be given to the visiting committees at detention centres in order to minimise the length of detention? In the hope of receiving a favourable response on those limited points, I beg to move.

Lord Bassam of Brighton

My Lords, I am pleased to advise the noble Lord that we are happy to keep under review the administrative procedures to which he referred. I trust that on that basis he will agree to withdraw the amendment.

Lord Hylton

My Lords, I am grateful to the Minister. I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Amendments Nos. 60 and 61 not moved.]

Clause 165 [Regulations and orders]:

Lord Bassam of Brighton moved Amendments Nos. 62 to 64: Page 115, line 13, at end insert— ("( ) section (Defences based on Article 31 of the Refugee Convention: No. 2)(10),"). Page 115, line 14, leave out paragraph (c). Page 115, line 32, leave out ("169(2), (4)") and insert ("169(4)").

On Question, amendments agreed to.

Clause 169 [Short title, commencement and extent]:

Lord Bassam of Brighton moved Amendments Nos. 65 to 70: Page 117, line 6, leave out subsection (2) and insert— ("( ) Subsections (1) and (2) of section 114 come into force on the day on which the first regulations made under Schedule (Provision of Support: Regulations) come into force."). Page 117, line 12, at end insert— ("( ) section (Defences based on Article 31 of the Refugee Convention: No. 2);"). Page 117, line 13, leave out paragraph (e). Page 117, line 15, leave out ("93(13)") and insert (" 93(12)"). Page 117, line 15, at end insert— ("( ) section 98(4) and (S);"). Page 117, line 28, leave out ("paragraph") and insert ("paragraphs 1 A and-).

On Question, amendments agreed to.

11.15 p.m.

Schedule 4 [Appeals]:

[Amendment No. 71 not moved.]

Lord Bassam of Brighton moved Amendment No. 72: After Schedule 7, insert the following new schedule—

("SCHEDULE

PROVISION OF SUPPORT: REGULATIONS