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Illegal Migration Bill

I will happily withdraw that, Madam Deputy Speaker, if I can have my minute back. I declare an interest as the chairman of a safeguarding board of a children’s company.

I was rather surprised to read in papers over the weekend that, according to the briefings, my right hon. Friend the Member for Maidenhead (Mrs May) and I are some sort of ringleaders against the Bill. May I make it absolutely clear that I support the Bill and want it to go through as quickly as possible, and that I support the Rwanda scheme? Objecting to some of the Bill’s trafficking measures is about protecting victims and prosecuting traffickers, not undermining the Bill. Greater safeguards on how we look after children who have arrived here would not undermine the Bill; they would strengthen it. Safeguards to ensure that safe and legal routes are in place for genuine asylum seekers would not undermine the Bill; they would strengthen and justify the measures against those who are gaming the system, to whom we do not have a duty of care.

In my limited time, I want to concentrate on the amendment tabled by Baroness Mobarik. I also thank Baroness Stroud and Lord Randall for the amendments on trafficking and safe and legal routes. The fact is that the Government’s amendments to clause 12 will give a child on their own in the UK the chance to apply to be bailed from detention after eight days, but that will apply only if they were detained to be removed, to be united with family or to be returned to their home country. That will not apply to all unaccompanied children when they first arrive in the UK; it will impact on only a small group of children. Other separated children not subject to removal will be detained for at least 28 days, and there is still no statutory limit on detention for any separated child.

Under the Government’s proposals, separated children affected by the Bill can still be indefinitely detained. That is the truth of the matter. It is imperative to include a time limit on child detention in the Bill. If the Government intend to detain children for the shortest possible time, they can reinforce that message by enshrining a time limit in the primary legislation, as we have asked for all along. Although the Minister has given some concessions, we are still not there.

5.30 pm

The Government still do not explain what would constitute an age-appropriate detention facility. At the same time, they have introduced broad new powers to allow the Home Secretary to designate a place as an immigration detention centre. It is worrying to read that the Government are still unclear on the status of separated children who are detained, and claim that they will not require support from local authorities under the Children Act 1989. Those children should, therefore, have access to support and rights afforded under the Act. It is concerning to see the effective creation of a two-tier system, where a group of children might be denied protections just because of their immigration status and mode of arrival, despite the fact that they are all entitled to protections under the Children Act.

The Minister has said that he wants to detain children for the shortest possible time. I agree, so any codifying of that would surely be a beneficial win. We need reassurances on the type of detained accommodation: accommodation that meets children’s home standards and is subject to the same sort of inspections as children’s homes.

I missed the Minister’s friendly chats over the weekend, which I have enjoyed for the past few weekends. I am not sure why I was missed out. He did, however, send round some clarifying points, but they do not clarify the still too many outstanding questions. He has said:

“Where there is no dispute that someone is under 18, they will be transferred to the local authority accommodation estate as quickly as possible.”

How quick? Where does it say that? He has also said:

“Where there is doubt about whether a person is indeed under 18 as they claim to be, they will be treated as a child while an age assessment is undertaken.”

Where? How? He has said:

“Such a person will be detained in age-appropriate accommodation, as the law already provides.”

Where will that happen? He has also said:

“If no such accommodation is available, they will not be detained and instead will be transferred to a local authority as soon as possible.”—[Official Report, 11 July 2023; Vol. 736, c. 201-202.]

Good. Where does it say that in the legislation? That is a problem.

The Minister has quoted various inspection reports of Yarl’s Wood, going back to 2008, in defence of what the Government are trying to do. That inspection report said:

“The plight of detained children remained of great concern…an immigration removal centre can never be a suitable place for children and we were dismayed to find cases of disabled children being detained and some children spending large amounts of time incarcerated… Any period of detention can be detrimental to children and their families, but the impact of lengthy detention is particularly extreme.”

It also said that centre was “brighter and better decorated” that on the last visit—clearly, some cartoons were still on the walls there. The problem is that there have been concessions, but there are still too many unanswered questions. We need those extra assurances.