Harmondsworth Immigration Removal Centre (Hansard, 7 September 2004)

§ The Minister of State, Home Office (Baroness Scotland of Asthal)
Yes, my Lords, this was announced by my honourable friend the Minister for Immigration by means of a Written Statement on 21 July. In that Statement it was said that Francis Masserick would undertake an internal investigation. I can now tell the House that this work is instead being undertaken by Sue McAllister, former governor of Onley young offender institution and now head of security within the Prison Service.

§ Lord Avebury
My Lords, does the Minister honestly think that an internal investigation of this kind is a satisfactory response to what happened at Harmondsworth? Has the department yet received the report of Mr Stephen Shaw on the events which took place in February 2002 at Yarlswood, and is it going to sweep under the carpet what happened at Harmondsworth for two and a half years? Does not the noble Baroness agree that a public inquiry would be the right way of proceeding and that there is no reason in precedent why that should not be done, bearing in mind the investigation conducted 434 by Mr Justice Keith into the death of Zahid Mubarak in Feltham young offender institution coterminous with a police inquiry into the same event?

§ Baroness Scotland of Asthal
My Lords, I think that this is an appropriate response. The noble Lord will know that my honourable friend Des Browne announced that there would be a full investigation by the Prisons and Probation Ombudsman for England and Wales into the death, together with the internal inquiry. We do not yet have the report of the inquiry as regards Yarlswood, and it is right that the noble Lord should know that when that report comes out it is likely to cover certain generic issues which will apply to the whole estate. I am sure that the noble Lord will agree that it is likely to be a full and comprehensive report, which the Government look forward to receiving.

§ Lord Hylton
My Lords, is the noble Baroness able to tell us whether any Immigration Act detainees are now being held in prison? Further, are any being held for longer than three months, beyond which point detention becomes unacceptable?

§ Baroness Scotland of Asthal
My Lords, 40 detainees are currently being held in prison. We hope that all of them will be moved out during the month of September.

§ Lord Corbett of Castle Vale
My Lords, can my noble friend explain what further measures the Government are taking to try to expedite the removal of those whose claims for asylum have failed in order to ensure that the period during which some of them are detained is kept to the absolute minimum?

§ Baroness Scotland of Asthal
My Lords, we are working very hard to ensure that, wherever possible, consensual arrangements are made with detainees and that when they are detained, it is for the shortest possible time. Some people are detained for only a couple of hours, while others are detained for a number of days. However, we are doing everything possible to ensure that detention is kept to the absolute minimum.

§ Lord Dholakia
My Lords, how many detainees have been charged with criminal offences following the disturbances at Harmondsworth? Further, can the Minister inform the House whether arrangements are in hand to ensure that witnesses are not deported, and that those who have been deported will be brought back to this country so that a fair trial can take place?

§ Baroness Scotland of Asthal
My Lords, I am not in a position to provide that information because, as noble Lords know, it is privileged information. We know that the police are investigating these issues and it would be reasonable to assume that a number of people may be charged. Regrettably I am not able to respond to the specific issues raised by the noble Lord. 435 However, I can assure him that all proper measures will be taken to make sure that any subsequent trial is conducted appropriately.

§ Lord Brooke of Sutton Mandeville
My Lords, pursuant to the question of the noble Lord, Lord Hylton, how many of the 40 prisoners who are being transferred in September will have served more than three months?

§ Baroness Scotland of Asthal
My Lords, I am not able to give the noble Lord that precise information. However, I shall ensure that those details are obtained and write to him accordingly.

§ Lord McNally
My Lords, can the Minister clarify whether these centres are regularly inspected by an external body? Is that body Her Majesty's Inspectorate of Prisons?

§ Baroness Scotland of Asthal
My Lords, noble Lords will know that these establishments are regularly inspected, although I cannot tell him precisely how that is done. Again, I shall be happy to write to the noble Lord. I can give noble Lords my assumption, although I am not quite sure whether it is correct since I do not have specific briefing on the matter.

§ The Earl of Listowel
My Lords, does the Minister recall that in the report published last year, Ann Owers described the Harmondsworth Immigration Removal Centre as "an unsafe place"? She said that there were no means of locking down the centre in the event of concerted indiscipline. Why was not a fuller response made to her report in order to prevent that happening?

§ Baroness Scotland of Asthal
My Lords, a very full response was made to Ann Owers's report. Over 101 of its recommendations were accepted and/or have already been acted upon, while around 14 recommendations made primarily in relation to family accommodation—which are no longer directly relevant as a result of changes that have been made—were not acted upon. The Government have done absolutely everything to ensure that reports are acted upon properly.

§ Lord Avebury
My Lords, is the noble Baroness aware that in Scotland, whenever someone dies in custody, a public inquiry is held by the procurator fiscal? Does she not think that that would be a good thing to adopt into English law?

§ Baroness Scotland of Asthal
My Lords, the noble Lord knows that whenever someone dies in this country an inquiry is set up. The ombudsman undertakes those inquiries. There has never been any suggestion that the efficacy and ability of the ombudsman is such that that is not an appropriate course to take.