Short-term Holding Facility (Amendment) Rules 2022

Motion to Regret

Moved by

That this House regrets that the Short-term Holding Facility (Amendment) Rules 2022 (SI 2022/1345) remove important safeguards and reduce the standards for the lawful detention beyond 24 hours of migrants, including children and vulnerable adults, at the immigration detention facility in Manston, Kent; that the Home Office has not consulted on these changes nor provided an adequate policy justification for them; and that this potentially contentious legislation was brought into effect while the House was in recess.

My Lords, the wording of this regret Motion is taken in large part from the highly critical report of the Secondary Legislation Scrutiny Committee, which draws the rules to the special attention of the House. Its report reflects the grave concerns expressed in a joint submission from Medical Justice, Freedom from Torture, Bail for Immigration Detainees, Rainbow Migration, JRS UK, the Helen Bamber Foundation, and Detention Action. I am grateful to Medical Justice and Freedom from Torture for their help with this Motion, and refer to the register for support from RAMP.

By way of background, a short-term holding facility is a type of immigration detention centre governed by legal rules that regulate the amenities and services that different types of facility must provide. There are two types: residential STHFs, and non-residential “holding rooms”. Normal maximum detention times are five days in the former and 24 hours in the latter. These rules create a new category called “residential holding room” which is now being applied to the Manston facility, a non-residential holding room, which attracted considerable criticism recently for its dreadful conditions and unlawful operation. Residents of RHRs will be detained for a normal maximum of four days, extendable in “exceptional circumstances”. Exceptional circumstances are not defined, but in its written response to the SLSC’s questions, the Home Office gave us an example: “unexpected and very large numbers of small boat arrivals”. Could the Minister tell us what would constitute an unexpected and very large number, given that the Government give the impression that large numbers are far from exceptional or unexpected at certain times of the year? Can he explain why there are no absolute time limits, as with residential STHFs?

Criticisms of the rules in the SLSC report and the joint submission concern both their substance and the process of their introduction. The joint submission draws attention to how the safeguards applied in existing residential short-term facilities are being “dramatically downgraded”, and standards regarding healthcare, communications, sleeping accommodation and access to legal advice are being reduced.

While the committee did accept the need for what the Home Office described as

“a balance to be achieved between ensuring”

that Manston

“operates as efficiently as possible whilst addressing immediate healthcare and vulnerability concerns for any individuals”,

it points out that the Home Office has not explained why the balance

“should be struck in a way that provides fewer protections for migrants detained for four days compared to those detained for five”.

Can the Minister explain now, please?

In its written response to the committee, the Home Office did emphasise that the rules represent

“a minimum standard and we may go above and beyond these in practice”.

Given the failure to meet previous minimum standards at Manston, forgive me if I am sceptical. Can the Minister tell us in what circumstances he envisages the minimum standards being exceeded?

Overall, the committee concluded that the

“Home Office has not provided an adequate policy justification for creating the new category”,

and observed that: