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Immigration, Asylum and Nationality Bill

My Lords, the purpose of holding somebody is—if you like, it is an administrative detention—to establish their identity, nationality and/or immigration status. The vast majority of people, therefore—we are back to maximum times—will be held for much shorter lengths of time than 12 hours. Twelve hours, as I have indicated, is a maximum. At present, those detained on arrival under paragraph 16(1) or (1A) of Schedule 2 to the Immigration Act 1971 have access to telephone facilities once they are taken to the holding facilities in the port. The treatment of embarking passengers detained under the new limited power will mirror those existing powers, so people will have access to telephones during that time if they are transferred across. As I have indicated, in practice, the detention will be kept to the shortest possible period necessary to satisfactorily establish the person’s identity and/or immigration status, after which the person would be released. If the examination reveals grounds sufficient to justify the arrest of the passenger for a criminal offence, he will be arrested and transferred to police custody where, as the noble Lord, Lord Dholakia, has indicated, the usual PACE safeguards will apply. My argument is that the amendment is not necessary. The circumstances that we are describing, with access to phones, a minimum time—we have also put a maximum amount of time—and the fact that this is an administrative detention to establish who the person is are appropriate. Normally I accept the point that one wishes to give access as quickly as possible, and we think that 12 hours is right. I hope on that basis that the noble Lord is able to withdraw the amendment.