My Lords, Clause 11 clarifies the period of time that the Secretary of State may detain individuals for by placing two of the common law, so-called Hardial Singh, principles on a statutory footing. The Hardial Singh principles provide that a person may only be detained for a period that is reasonable in all the circumstances and if, before the expiry of the reasonable period, it becomes apparent that the Home Secretary will not be able to examine, effect removal or grant leave within a reasonable period, the Home Secretary should not seek to continue the detention.
Clause 11 also makes it clear that it is for the Secretary of State, rather than the courts, to determine what constitutes a reasonable time in which to detain an individual for the specific statutory purpose. This is as it should be, I suggest to the Committee. I can confirm that this change, further to the question from the noble Lord, Lord Anderson, will apply to all immigration detention powers.
I put it to noble Lords that it is properly a matter for the Home Secretary rather than the courts to decide such matters as it will be the Home Office which is in full possession of all the relevant facts—