Illegal Migration Bill

The noble Baroness is perhaps a little confused by the way that these provisions interrelate. The detention power is contained within Clauses 10 and 11, and the detention period is regulated by a number of factors set out in the provisions and depending on the purpose of the detention for which the person is held. For the Home Secretary, the question is how long is reasonable in the context of the particular act for which they are being held. As we know, a 28-day period is provided for by the legislation before which a person cannot apply for either bail or judicial review. That is the passage the noble Baroness refers to. Before that 28-day period, the writ of habeas corpus is preserved, as I think I made clear in my remarks. I hope that clarifies matters for the noble Baroness, and we will no doubt retread these waters at some length when we discuss Clause 12 in the next group.