My Lords, I will speak to Amendments 17 and 19 about bail. The provisions in our amendments are modelled on Part 3 of the Immigration and Asylum Act 1999, which was never brought into force and repealed in 2002. We ask, first, what has changed since 1999 that the sense of gravity about the shortcomings of the system of immigration detention and the urgency of addressing them has gone so entirely? One thing is certain: they have not gone because things have got better. Things have got very much worse.
In these amendments, we propose automatic bail hearings after eight and 36 days. How long have we debated the need to provide for an effective automatic review of detention? Detention under Immigration Act powers is a matter, I am told, mainly of administrative convenience and, in the UK, is not subject to a maximum period. A detained person is not brought before a tribunal judge or a court unless he or she instigates this. The lack of any maximum period of detention, combined with the lack of regular and independent review of detention, may render this detention arbitrary. Amnesty International is one of those organisations that has powerfully advocated that every immigration detention decision should be automatically checked to see whether it is lawful, necessary and appropriate. Why should we do this? Because, at present, there are greater safeguards for criminal subjects than there are for immigration detainees and because people sometimes need reminding that those detained for immigration purposes are not criminals and have not committed any crime.
The group Bail for Immigration Detainees found that 23% of detainees surveyed had never had a solicitor while in detention. Of those who had, only one-third had ever had an application for release on bail made for them during their time in detention. When this is considered alongside the general length of immigration detention in the UK, and the possible indefinite nature of that detention, adequate bail provision is an absolute necessity. Automatic hearings would benefit all detainees but especially vulnerable and isolated detainees. Very recently, we heard the case here of Isa Muazu. I can speak to his pain as I went to see him. He was one among many who should not have been locked up with all the problems he had.
We must protect the rights of vulnerable groups such as the mentally ill, torture victims, victims of sexual violence and victims of trafficking. Currently, almost one in four detainees is held in the prison estate, where they face many practical and procedural barriers to accessing immigration advice and the immigration tribunals where they can try to obtain bail. They are not able to instigate applications in any meaningful way—it is a dreadful situation. Will, finally, this Bill include a provision that will remedy such a sorry situation?