UK Borders Bill

moved Amendment No. 2: 2: After Clause 16, insert the following new Clause— ““Detention of vulnerable asylum seekers When the Secretary of State is considering whether to detain an asylum seeker who is a vulnerable person, he shall take into account the special needs of that asylum seeker and ensure compliance with Article 17 of Council Directive 2003/9/EC of 27th January 2003 laying down minimum standards for the reception of asylum seekers and the Asylum Seekers (Reception Conditions) Regulations 2005 (S.I. 7/2005).”” The noble Lord said: My Lords, on Report the noble Lord, Lord Bassam, gave me four separate assurances. He said that the Government intended to narrow the gap between policy and practice in deciding who was to be detained. He spoke of reviewing the guidance to staff. Amendment No. 2 gives him the opportunity to honour his words. It has the incidental merit of enshrining this year’s High Court decision of Mr Justice Wyn Williams in case CO/9745/2005. The amendment also removes the worrying doubt about whether the assurances given by Ministers in both Houses over a long period have any meaning at all. We have all been repeatedly told that vulnerable people would not be detained, other than in the most exceptional circumstances. In practice, we find that it happens all too often without the least apology, let alone compensation. Finally, my amendment removes doubt as to whether this country is complying with the relevant EU directive. Noble Lords will note that the directive lays down minimum European standards for the decent treatment of vulnerable people. My advice is that Britain has not opted out or derogated from this directive. I concede that it is likely that this amendment does not cover asylum applicants who have been rejected, or who have exhausted all rights to appeal. I am happy, however, that it protects bona fide applicants and those in the process of determination. We all agree that vulnerable people should not be detained, and that debatable cases should be verified at the earliest possible moment. To accept my amendment would do much to enhance the reputation of the Government and the credibility of Ministers. I urge the Government and the House to put it in the Bill. I have spoken to my amendment as concisely as I could, and I hope that subsequent speakers will amplify the case for it. I beg to move.