HL Deb 25 May 1995 vol 564 cc68-71WA
Lord Hylton

asked Her Majesty's Government:

What consultations they have had, or will have, with voluntary organisations in order to find alternatives to detaining asylum seekers while their cases are considered.

Baroness Blatch

Discussions take place with voluntary organisations from time to time but there has been no formal consultation to find alternatives to detention. We will always be prepared to consider any proposals that may be made on this subject but the Government are in no doubt that the limited use of detention is a necessary support to the implementation of our firm but fair immigration policy.

Lord Hylton

asked Her Majesty's Government:

Whether they will ensure that asylum seekers who are detained are given a full written statement of the reason for the detention, in a language understood by them; and if not, why not.

Baroness Blatch

All immigration detainees are fully informed of the reasons for their detention. This is done orally, in a language which the person understands, through an interpreter if necessary. The Government see no justification for providing written statements.

Lord Hylton

asked Her Majesty's Government:

Whether they will ensure that legal representatives have adequately long visiting hours, and access to clients without prior appointments, when asylum seekers are detained; and if not, why not.

Baroness Blatch

It is Immigration Service policy to allow legal representatives to visit detainees in immigration detention centres, without prior appointment, at any time between 9am and 9pm any day of the week, and private interview rooms are provided.

The Prison Service has issued an instruction to prison governors designed to facilitate access to detainees in prisons by recognised legal representatives.

Lord Hylton

asked Her Majesty's Government:

Whether they will give instructions that the legal representatives of immigration detainees, and in particular of asylum seekers, must always be informed without delay when their clients are moved between places of detention; and if not, why not.

Baroness Blatch

It is already normal Immigration Service practice to inform the legal representatives of detainees of any planned move. However, it is not always possible to do this in advance where a transfer has to be effected quickly for operational reasons. In these cases, the representatives are informed as soon as practically possible.

Lord Hylton

asked Her Majesty's Government:

What is their response to statements by the Chief Inspector of Prisons and by the respective Boards of Visitors, that HMPs Pentonville and Wandsworth are "unsuitable" for holding asylum seekers and deportation cases.

Baroness Blatch

There is a distinction between foreign prisoners serving a sentence following conviction of a criminal offence and those detained under Immigration Act powers pending removal. Both Pentonville and Wandsworth prisons hold foreign prisoners on sentence and remand but Pentonville does not hold any prisoners under the Immigration Act.

The deportation process for convicted foreign prisoners is under constant review to ensure that it operates efficiently and effectively. The overriding aim is for removal to proceed directly a prisoner has completed his sentence. However, delays can and do arise from time to time which are outside the department's control, for example because of delays pending an appeal hearing, and it may be necessary for a convicted prisoner to remain in a prison such as Pentonville or Wandsworth following completion of sentence while these issues are being dealt with.

Those held from the outset under Immigration Act powers are in a different category. It is accepted that we should seek to accommodate such detainees separately from convicted and remand prisoners and it is proposed to locate all such detainees in five designated establishments in future. It is planned that, by the end of May, Wandsworth will no longer hold anybody detained under the Immigration Act.

Lord Hylton

asked Her Majesty's Government:

How many of the 200 places reserved for Immigration Act detainees in HM Prison Rochester have been in use since the end of March 1995; and when all places will be in use.

Baroness Blatch

Responsibility for this matter has been delegated to the Director General of the Prison Service, who has been asked to arrange for a reply to be given.

Letter to Lord Hylton from the Director General of the Prison Service, Mr. Derek Lewis, dated 25 May 1995:

Lady Blatch has asked me to reply to your recent Question about how many of the 200 places reserved for Immigration Act detainees in Rochester prison have been in use since the end of March 1995 and when all places will be in use.

Between 31 March and 29 April 73 places were available and in use. From 29 April onwards a total of 115 places have been available.

The establishment, in consultation with the Immigration Service, is in the process of filling the additional places. This is being done gradually so as to prevent any disruption which might be caused by a sudden influx of large numbers and to ensure that a proper degree of care is provided to the detainees.

It is expected that, subject to the completion of essential security work at Rochester, the full operational capacity of 198 places for detainees will be available from the third week in June 1995.

Lord Hylton

asked Her Majesty's Government:

When they expect that Immigration Act detainees (other than those held in Detention Centres) will have been concentrated in the four designated prisons, given that this should have happened in October 1994.

Baroness Blatch

Responsibility for this matter has been delegated to the Director General of the Prison Service, who has been asked to arrange for a reply to be given.

Letter to Lord Hylton from the Director General of the Prison Service, Mr. Derek Lewis, dated 25 May 1995:

Lady Blatch has asked me to reply to your recent Question about the holding of immigration detainees in designated Prison Service establishments.

Implementation of the proposals announced last June to concentrate Immigration Act detainees in fewer Prison Service establishments is largely complete. All detainees held in Prison Service establishments solely on immigration grounds will be held in designated centres at Birmingham, Haslar, Rochester and Holloway. It is hoped to complete this by mid-June. There are currently some 20 detainees awaiting transfer to a designated centre.

Lord Hylton

asked Her Majesty's Government:

Whether decisions to detain will always be reviewed by a Special Adjudicator of the Immigration Appeals Authority at an oral hearing; and if not, why not.

Baroness Blatch

The initial decision to detain is reviewed regularly and at progressively more senior levels within the Immigration Service. There is provision for any detainee who has an appeal outstanding or who has been detained for more than seven days pending further examination to apply to the independent appellate authorities for bail. In addition, detention may be challenged in the courts and bail may be sought once a case is before the courts on an application for judicial review.

The Government do not consider that the introduction of a further review procedure is necessary.