I rise to move the amendment standing in the name of my noble friend Lord Taylor of Holbeach and will speak to the other amendments in the group. We believe that the Government have transformed the approach to returning families with children in line with their coalition agreement commitment to end the detention of children for immigration purposes. We now propose, through these amendments, to give legislative effect to our current policies on family returns by putting key elements of the new process into primary legislation.
Ending child detention was previously debated during Committee in the House of Commons as a result of amendments tabled by my honourable friend Julian Huppert MP. In Committee, the then Immigration Minister, my right honourable friend Mark Harper, agreed that the department would see whether it was possible, either in whole or in part, to put some or all of current government policy into primary legislation. On Report in the House of Commons, my right honourable friend the Home Secretary announced the proposal to reinforce the commitment to end the detention of children for immigration purposes by putting these four key elements into primary legislation.
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The new family returns process was established in March 2011 after extensive consultation across government and with a wide range of children’s experts. It ensures that families with no right to be here are given every opportunity to leave without the need for enforcement action. Where families do not co-operate, it enables officials to take steps to ensure that they leave. This may include a short stay in pre-departure accommodation, but this would be as a last resort and always for the shortest possible time.
While we have transformed our approach to managing family cases, detention powers derived from immigration legislation are needed to place families in our new pre-departure accommodation. They are also needed to hold a family for a few hours at the border when they have arrived without the appropriate leave and are awaiting their return flight. Exceptionally, we may also need to hold unaccompanied children: for example, where it is in the public interest because of a risk of reoffending or a risk to national security. They may also be held for a very short period on arrival pending collection by social services.
We believe that the new process works well, but could be reversed through a simple policy change. These amendments provide for four statutory locks which guarantee that the fundamental elements of this approach cannot be changed without full parliamentary oversight and debate. I turn now to the four locks.
First, we will prevent families being removed for 28 days after any appeal against a refusal of leave has been completed. Currently, following the conclusion of an appeal, families are placed into the returns process, which gives them time to consider voluntary return. This 28-day restriction will ensure that these families will always have an opportunity to consider their options and avoid enforced return. We always seek to ensure that families remain together during their return, but in exceptional circumstances we may need to remove an adult family member during this 28-day period: for example, where there is a public protection concern or a risk to national security.
Secondly, we will place a statutory duty on the Secretary of State to appoint and consult the Independent Family Returns Panel for advice on how best to safeguard and promote the welfare of children in every family returns case where return is enforced. This will mean that the panel is never sidestepped. Thirdly, we will provide a separate legal basis for pre-departure accommodation independent of other removal centres. We will ensure that it can be used only for holding families with children and we will lock in the existing maximum time limits for holding families there.
Fourthly, we will provide specific legislative protection for unaccompanied children so that they are not held in immigration removal centres when we are trying to return them. Unaccompanied children may need to be held for short periods in transit to a port of departure or at the port awaiting departure, but in line with current policy we will provide that they are not held in these short-term holding facilities for more than 24 hours. These removals are fortunately rare, and, wherever possible and in line with existing policy, removals would always be carefully planned so that children are held for as short a time as possible.
It is possible that a removal attempt will be unsuccessful for reasons beyond our control: for example, if a plane develops a technical fault. Where this happens, children will not be held beyond 24 hours. It may be necessary, however, after a suitable period, to attempt removal again, which may require holding them for a further period. While it is vital that we enforce immigration
decisions in these circumstances, we will not hold children for multiple 24-hour periods to achieve this. I beg to move.