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UK Borders Bill

Might the Minister be prepared to meet outside the Committee, before Report, to look at the important and controversial point of what the impact of introducing these children into Section 11 of the Children Act would be? I absolutely sympathise with the Government in wishing to avoid, as far as possible, further judicial delays on a basis which is not well grounded. The Government are absolutely right not to wish children to be further kept in suspense about their future by these sorts of delays. Having thought about this for a long time, my understanding is that the Government’s fears are not well grounded. However, I know that the Government are well advised in this area and have operational experience. If they continue to be concerned, I would want to think again about my position. To give one example, there are serious concerns about the treatment of children in the custodial secure estate; I cite, for instance, the death of a child, Gareth Myatt, at a secure training centre during restraint. But I am not aware of any occasion since the introduction of the Children Act 2004 when the secure estate has been taken to judicial review under Section 11. I do not see that a weak duty such as this is going to provide significant ammunition for further judicial review and delays in the law. It might be helpful to have a careful consideration and discussion of this before Report, to try to thoroughly understand the true position.