I am very sorry, but I did not choose the hour; others chose the hour on my behalf, which may be how a detainee feels under this proposed legislation.
I want to understand the Minister’s position and explanation. Previously, he has been very clear that it is for the Secretary of State alone, with command of all the facts—just as a prosecutor always has command of all the facts, so that we can get rid of criminal custody time limits pre-charge as well—to determine what is a reasonable period. It has been made absolutely clear that it is not for a court but for the Secretary of State to determine what is a reasonable period for detention.
That gives concern to some of us that detention could be indefinite, not least because the Minister’s noble and learned friend from the Ministry of Justice said some hours ago—or was it days ago? I forget—that we do not necessarily have return agreements with everyone yet, so this could take rather a long time. We therefore have people who are potentially detained for a very long time or such period as the Secretary of State determines reasonable.
Then, however, in response to our concerns, the Minister says, “Don’t worry”, because people will be able to challenge their detention on habeas corpus. They may not be able to do very much for 28 days but, after 28 days—which is rather a long time to be detained—they will be able to go to a court. What can a court possibly do if it is for the Secretary of State alone to determine what is a reasonable period? Against what test will this court be able to say that a detention
was unlawful? Can he give us some example of an occasion when it would be open to a court to say that a particular detention under this legislation was not lawful?