§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether the detention of asylum-seeking children is in accordance with (a) United Nations High Commissioner for Refugees guidelines; and (b) the United Nations Convention on the Rights of the Child. [HL4343]
§ Baroness Scotland of AsthalThe detention of a family with children is a very serious step and is not one that is taken lightly. Where it proves necessary to detain a family we consider that it is in the best interests of a child to be detained as part of their family group rather than separating members of the family.
Unaccompanied children are only detained for their own safety in extreme circumstances, and usually only overnight while alternative arrangements for their care are made.
We believe that these measures, which play a key part in maintaining an effective immigration control, are consistent with the UNHCR guidelines on the detention of asylum seekers. The guidelines accept the detention of children as members of a family group and in order to maintain family unity, provided such detention is a measure of last resort and is for the shortest period of time. The guidelines also recommend that, while in detention, children should have access to education, recreation and play. These principles are reflected in the basis under which families with children may be detained and in terms of the facilities provided to children in immigration removal centres in the UK.
The UK has ratified the UN Convention on the Rights of the Child subject to a reservation which the Government believe is necessary to maintain an effective immigration control. We have no plans to withdraw this reservation.