I supposed that there would be some explanation of a short-term holding facility in Part 8 of the Immigration and Asylum Act, but I know of cases where persons have been arrested and taken into police custody for short periods. Those are the sort of places where the seven-day limit applies. Presumably, if the police hold people in cells for a short time before transferring them to immigration removal centres, they are required to operate under the PACE codes of practice. That makes it all the more incongruous that somebody held in that manner can be given the protection of PACE, whereas someone held for longer periods in immigration removal centres does not benefit from that provision.
This relates to something that happened to come up this morning in the Home Affairs Sub-Committee, of which I am a member. There is a directive coming down the track from Europe under which unaccompanied minors should not be detained at all. What will the arrangements be in future for them? Have the Government anticipated the legislation coming into force from Europe, with which I believe we are likely to line up? If so, what arrangements will they have for holding unaccompanied minors who are thought to be illegal entrants but cannot be held either in immigration removal centres or short-term holding facilities under this clause?
Borders, Citizenship and Immigration Bill [HL]
Proceeding contribution from
Lord Avebury
(Liberal Democrat)
in the House of Lords on Wednesday, 25 February 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Borders, Citizenship and Immigration Bill [HL].
About this proceeding contribution
Reference
708 c288-9 Session
2008-09Chamber / Committee
House of Lords chamberSubjects
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