That was the next thing that I was going to say. We are grateful to the Minister for his assurance that the statistics are in the process of improvement and that he is conscious of the need for that. I am a little concerned that, if we do not have something like this on the face of the Bill, how will we monitor the continuous improvements that the noble Lord is going to make? I see the point about flexibility and the need for a power that continues after this Bill has left us; in that sense, it is best to do this by order or by guidance. However—and I am talking off the top of my head here, because I have not consulted anyone about it—I would like an undertaking from the Minister that Parliament will be consulted and involved in this process and that the guidance that he intends to publish will be made available in draft so that we can comment on it before it is set in stone. He said that there was some way to go and that it would be helpful to have further information. That is extremely useful to hear.
The Minister also said that, in the case of the surveys that are conducted weekly of every child in detention, apart from a report being made on a statistical basis to the Immigration Minister, there is a case conference that involves the children’s champion. I do not know whether the noble Earl, Lord Listowel, who recently had a meeting with the children’s champion, was aware of that, but we should know more about that process as well. It gives me a certain amount of reassurance that there is oversight of the individual cases of children being detained.
However, I would still like to know how the Secretary of State or the Immigration Minister comes to a conclusion on a particular case. There are so many children in detention that it would be impossible for him to spend more than a few seconds on each. I suspect that the process is that a volume comes up to him with all the cases in it and at the end of each one there is a recommendation, which he rubber-stamps. I am reinforced in that opinion by looking at what has happened in the past when the authorisation for detention beyond 28 days has come before Ministers. For example, when Liam Byrne was Minister, he said, when he was asked about it in the Joint Committee on Human Rights, that he had never refused an authorisation to extend detention beyond 28 days. The publication of more detailed statistics will enable us to evaluate how the Secretary of State or Immigration Minister exercises these responsibilities.
I was pleased to hear what the Minister said about the pilot alternatives to detention. This was reinforced by the question that was put to him by the noble Lord about whether he would accelerate publication of the report, which concluded its investigation in November 2008. Five months have passed since then. It will be a key element in trying to reduce the number of children who are held in detention.
I shall not go through every speech, but I am grateful to noble Lords who have taken part. I am also grateful to my noble kinsman for his contribution. I would have preferred to have imposed a condition on the Secretary of State not that she should have regard to Section 51 but that she should be satisfied that arrangements were in place to safeguard and promote the welfare of the child. We shall look carefully at what the Minister has said and it may or may not be necessary, after consultation, to come back to this on Report. In the meanwhile, I express our sincere gratitude to the Minister for the trouble that he has taken and beg leave to withdraw the amendment.
Amendment 117 withdrawn.
Amendments 117A and 117B not moved.
Clause 52 agreed.
Borders, Citizenship and Immigration Bill [HL]
Proceeding contribution from
Lord Avebury
(Liberal Democrat)
in the House of Lords on Tuesday, 10 March 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
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