On immigration detention? I have barely started. I really think that I should press on, as we have limited time.
On immigration detention, the Stephen Shaw report made it clear that there is now near universal acceptance that detention makes people more vulnerable, and disquiet has been growing. Lords amendment 84 tackles that issue head on, by sensibly providing a 28-day period of immigration detention after which the Secretary of State can apply to extend detention in exceptional circumstances. That amendment strikes the right balance and reflects both the cross-party reports by the all-party groups on refugees and on migration and long-standing Labour party policy. It also had cross-party support in the Lords. Amendment 84A in lieu provides for four months of immigration detention, with an ability to apply for bail at the end of that exercise. That is markedly different: it is four months rather than 28 days; it puts the onus on the individual rather than on the Secretary of State; and it is subject to a different test. It does not go far enough, which is why we will vote in favour of the Lords amendment this evening.
Let me move on to the position of pregnant women. I remind the House of an important finding of Stephen Shaw’s report. As he put it, it is “obvious” that detention has harmful effects on both the mother and the unborn child. The Royal College of Midwives, in its evidence to him for his report, pointed to the special vulnerabilities of pregnant women and made it clear that appropriate care cannot be given in detention. Add to that the fact that until now, the vast majority of pregnant women have not been removed, and one can see why he concluded that the current policy was not working. He rightly concluded that the only move should be to absolute prohibition. That has been the Labour party position consistently, and that is why we voted as we did on 25 April.
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I recognise that the Government have moved on this issue to a position of not allowing detention beyond 72 hours, or up to a week with the Secretary of State’s approval. That does not go far enough, but it is better than no limit. The amendment that was eventually accepted in the Lords reflected that concession and introduced other important safeguards. It is worth setting out those safeguards for the House. The first is the overriding principle that pregnant women should be detained only in the most exceptional circumstances. The second is that detention must be at a place where there are facilities for appropriate medical care. The third is that there should be provision for an independent family return panel. That is the amendment that the
Lords have put back before the House tonight: a limit of 72 hours, or up to a week with the Secretary of State’s approval; the overriding principle of detention in only the most exceptional circumstances; appropriate medical facilities; and the involvement of an independent family return panel.