This week the House of Lords voted in favour of an amendment to the Immigration Bill proposed by crossbencher Lord Ramsbotham, and also Lib Dem peers Baroness Hamwee and Lord Roger Roberts. The amendment addressed the lack of judicial oversight on detention for immigration purposes in the UK and was passed by 187 votes to 170.
We are proud of the determination, skill and humanity of our Lib Dem Peers for playing their part in this huge step in parliament recognising the disgrace of indefinite detention.
The amendment (which can be read at paragraph 84 here) proposes that a person may not be detained for a period longer than 28 days; or for periods of longer than 28 days in aggregate. This period of detention may be extended by the First-tier Tribunal if the Home Office apply for an extension on the basis that “exceptional circumstances of the case require extended detention”. The important part is that there would be judicial oversight.
Currently, the UK has no time-limit on detention: people can be detained indefinitely, for months and even years. Briefing papers on Indefinite Detention, and its future are attached. It is Liberal Democrat policy to end indefinite detention for immigration purposes for all, and was one of the key points in our manifesto last year. We have worked with Detention Forum who has long called for increased judicial oversight of detention, and the introduction of a maximum 28-day time-limit on how long anyone can be detained.
The debate in Hansard can be read at http://www.publications.parliament.uk/pa/ld201516/ldhansrd/lhan126.pdf, amendment 84. Good speeches were made and some extracts are :
Roger Roberts said : “”
Sally Hamwee said ”
Whilst we are delighted at the progress made, and recognise that compromises had to be made for the Bill to have the support of others to enable it to be amended, we have grave concerns about the exceptions for those who have been in prison for more than 12 months, and served their sentence given by the courts, will not be included in this ending of indefinite detention and will probably remain detained for a long time. Another sentence should not be imposed “by the backdoor”, and once a sentence has been served there are no more grounds to detain someone who is not a British Citizen that for someone who is.
We recognise that this victory in the House of Lords is no more than the first step, it will need to go to the House of Commons, and we call on everyone to campaign and lobby for MPs to take forward the recommendations of The Shaw Report, commissioned by the Government, and the APPG on this very issue.