§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether law and practice in the United Kingdom are in accordance with the United Nations High Commissioner for Refugees' guidelines, which state that asylum seekers should be able to challenge their 28WA detention promptly "before a competent, independent and impartial authority"; if so, how this is achieved; and, if not, in what respects it is not achieved.
§ The Minister of State, Home Office (Baroness Blatch)Detention powers contained in the Immigration Act 1971 are used only as a last resort. Temporary admission is granted wherever possible and detention is authorised only where there are good grounds for believing that the person will not comply with the terms of temporary admission.
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 are satisfied that their detention policy does not represent a breach of the United Nations Convention Relating to the Status of Refugees or any other international obligations.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
What has been the annual cost during each of the past five years of detaining asylum seekers in Her Majesty's prisons.
§ Baroness BlatchThe annual cost during each of the past five years of detaining asylum seekers under the Immigration Act 1971 in Prison Service establishments cannot be obtained without disproportionate cost, since accounting systems do not distinguish between those and other immigration detainees and those on remand or serving a prison sentence.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
What proportion of asylum seekers detained in prison are awaiting an initial decision or the outcome of an appeal.
§ Baroness BlatchThis information is not available. I can, however, say that as at 31st January 1997 there were a total of 324 people solely detained in prisons under the powers contained in Schedules 2 and 3 to the Immigration Act 1971 who had claimed asylum at some stage.