Member

One of the objections is that you need to be able to make these judgments. The principle we are falling back on by removing Section 12 is the existing common-law basis of this country. Existing legislation provides very broad statutory powers to detain migrants with no time limit, except for children and pregnant women. But it is the courts that hold those powers, and that is a very important safeguard and part of the rationale for returning it to where it was before. That is why that should be restored.