Detention Centre Rules (Hansard, 30 November 2000)

§ The Parliamentary Under-Secretary of State, Home Office (Lord Bassam of Brighton)
My Lords, the Government have recognised the importance of consultation throughout the process of drafting the detention centre rules. A re-drafted version of the rules has recently been distributed for further consultation, and we have revised the timetable for implementation of the rules in order to ensure that there is sufficient time to consider properly the comments that are received in response.

§ Lord Avebury
My Lords, I appreciate that the Government have moved some distance from the original draft rules, thus tacitly admitting that they were modelled too closely on the Prison Rules. However, was sufficient time allowed for the further consultation following the distribution of the revised paper on 14th November, given that most of the recipients considered the deadline to be 1st December and responded accordingly? That included the Asylum Rights Campaign, whose letter was dated yesterday. Given the volume of suggested further amendments received in response to the circulation of the paper on 14th November, would it be useful to have an open round table of all the organisations involved so that these matters can be thrashed out before the draft rules are presented to Parliament?

§ Lord Bassam of Brighton
My Lords, it is worth bearing in mind that consultation on the rules began as far back as January 1999 and has continued, both formally and informally, ever since. The consultation has been extensive: it has involved HMCIP, NGOs, the United Nations High Commission for Refugees, the Refugee Council, the Medical Foundation for the Care of Victims of Torture and a number of others. I take the noble Lord's point about the shortness of time in relation to a specific document. If we receive representations after the date when the formal consultation period ends, we shall continue to consider those. On the noble Lord's final point as to whether it would he advisable to have a round table, if we receive that representation from the consultation bodies we shall give it fair consideration.

§ The Earl of Sandwich
My Lords, does the Minister agree that, after more than three years of this 1460 Government being in office, asylum seekers in detention are still waiting for basic communications, full written reasons and medical assistance or at least information about medical facilities? Why has it taken so long for what he would describe as a "listening government" to act?

§ Lord Bassam of Brighton
My Lords, my understanding is that those in detention centres do receive written reasons and explanations. They have access to a full range of legal advice and to medical advice. We try to make conditions in the detention centre estate as reasonable and humane as possible under the circumstances. These centres are essential; and those in government have a responsibility to ensure that they are maintained in good quality. For that reason there has also been considerable investment in improving the quality of the detention centre estate.

§ Lord Alton of Liverpool
My Lords, how many people are currently in detention centres and what are their family profiles? For what kind of duration are they likely to remain in the centres?

§ Lord Bassam of Brighton
My Lords, I do not have those precise statistics in front of me but I am happy to provide them in writing. The period of time spent in a detention centre depends on the complexity of the case. Our aim is to ensure that people spend as little time there as possible. The detention centre estate is enabling the Immigration and Nationality Directorate to turn over decisions much more quickly than was previously the case. I shall pick up the other points in correspondence with the noble Lord.

§ Baroness Sharples
My Lords, will the Minister place a copy of his reply in the Library?

§ Lord Bassam of Brighton
My Lords, I shall be more than happy to do so.

§ Lord Greaves
My Lords, is it not ridiculous that, while one member of a family may be detained in a centre in the South of England, other family members may be dispersed over 200 miles away in the North? Is that not a wrong application of the dispersal policy?

§ Lord Bassam of Brighton
My Lords, without having full knowledge of the circumstances of the case to which the noble Lord refers, it would be difficult and wrong of me to pass judgment at the Dispatch Box. There may be circumstances in which it is entirely appropriate. The general approach is usually to attempt to keep family groups together. If the noble Lord is concerned about the circumstances of dispersal in a particular case, I shall be happy to investigate it.

§ Lord Cope of Berkeley
My Lords, I believe that after the detention centre rules have been settled, operating standards will need to be developed in line with them. What is the time-scale for all this coming into practice?

§ Lord Bassam of Brighton
My Lords, I am not able to give an answer now on what is quite a complex matter. I shall correspond with the noble Lord.

§ Lord Avebury
My Lords, is the Minister aware that I am extremely grateful to him for his first Answer, and especially for his reference to the possibility of consultations with the organisations concerned? Will he allow me a week or 10 days in which to consult the organisations that have been involved in this process—especially the Asylum Rights Campaign—to see whether they would find such a meeting useful?

§ Lord Bassam of Brighton
My Lords, I always endeavour to be helpful to the noble Lord and others who are concerned about such matters. If the noble Lord would care to make contact with officials in my office, I shall consider what arrangements can be made.

§ Lord Hylton
My Lords, although the rules are clearly most important, can the Minister give the House an assurance that these centres will be used primarily to detain people who are about to be deported, and not as a random deterrent for asylum seekers generally?

§ Lord Bassam of Brighton
My Lords, detention centres are not used in a random fashion; indeed, one of their principal purposes is to hold those who are facing removal in the very near future. The noble Lord will appreciate that many of the cases with which we have to deal are very complicated. Therefore, it is only right and proper that people are held while full investigations are made into their circumstances. I believe that that is as far as I can go on this point.