Contribution
My Lords, I rise to oppose this amendment. I am afraid—and she will not be surprised, I suspect—that I broadly disagree with everything that the noble Baroness, Lady Lister, has just said. Let me set out the reason why.
First, she mentioned that the Home Secretary changed her mind and wondered why that might have been. I obviously cannot get inside the Home Secretary’s mind. I suspect what has changed, between chairing the Home Affairs Committee and now, is that she is now the Home Secretary and responsible for protecting the borders and the security of the United Kingdom. Whoever holds that responsibility is sometimes confronted with reality; despite things that they might have liked to have done, they are confronted with the reality of keeping the country safe. What the Home Secretary, I suspect, will have realised is that there is a cohort of people here who she thinks should be removed, as they have no legal right to be here, and she has realised that unless you detain them, you are not able to carry out your functions of keep the country safe.
Now, I do not know whether that is the reason why—the Minister may or may not confirm it—but I suspect that the realities of office have changed her mind, for this reason. We do not detain people indefinitely. The power to detain people is in order to facilitate their removal from the country and to protect the public. The Home Secretary has to have reasonable grounds to believe that, and people are able to challenge that through the judicial process.
The noble Baroness quoted some statistics; I will quote the same statistics but the other way around. Two-thirds of people are detained for 28 days or fewer. It is true that some people are detained for a long period of time. In most of those cases, the reason for the lengthy detention is the responsibility of the individual themselves: it is because they are trying to avoid being removed from the country that they have no legal right to be in, throwing up legal challenge after legal challenge. That is the reason why they are detained. If they wish to cease being detained, they could comply with the deportation order that they have been issued by the Home Secretary, get on a plane and leave the country. It is the fact that they do not wish to comply with the law that means they are held in detention.
The Home Secretary must have a reasonable belief that she can ultimately remove them—otherwise, she would not have the legal power to detain them. If we were to have what the noble Baroness suggests, which is a fixed statutory time period of 28 days, all that would do would give a bigger incentive to people with no right to be in this country to legally challenge decisions. Unless you could get all those legal challenges heard and decided within 28 days, all those people would have to be let out of detention, and we would cease to be able to remove any of them from the country. That would include some people who are not just here illegally but a present danger to people in this country. I strongly support the ability of the Home Secretary to detain people and not to have a fixed time limit, which would simply be an incentive for those people to delay.
If the noble Baroness looks into the details of who stays here in detention for a long period of time, it is people trying to avoid having to leave the country when they have no right to be here, throwing up legal challenge after legal challenge. The alternative way of dealing with it, if you really want not to detain people, is to reduce the opportunities for them to challenge the decision, and for deportation orders to be able to be carried out swiftly. Then we would not need to detain people. I am afraid that I suspect the Home Secretary has realised that detention is necessary to protect the public and to make sure that we can enforce the necessary deportation decisions.
I understand why people do not like it, but I am afraid it is a bit naive to think that everyone who comes to this country, or who overstays their welcome and is in this country without legal authority, goes when they are asked to. You sometimes have to use the power of the state and detention, and you sometimes have to enforce their removal, because otherwise they do not go. If you do not demonstrate that you have a robust system, you will have even more people coming here because they think that, once they get here, they are never going to be removed.
One of the important reasons for having a deterrent is that, if you look at the total number of people we remove, you want to get to a position where the balance between enforced removals and those who go voluntarily is much more in favour of those who go on a voluntary basis, because it is quicker and cheaper for everybody, but that happens only if people realise they are going to have to go at some point. If people think they can get away with staying when they have no right to be here, we have to use the powers that we have at our disposal. I accept that it is not ideal, but I am afraid there are limited choices for Ministers if they want to enforce a robust immigration system. Detaining and removing people where necessary ensures you command the confidence of the public that you have a robust system. If that confidence disappears, the public will not support anybody coming here, whether legally or not. As I have said in debates on earlier clauses, that would be a tragedy.