Detention of Vulnerable Persons

Anne McLaughlin Excerpts

Tuesday 14th March 2017 Westminster Hall

[Anne McLaughlin (Glasgow North East) (SNP)]

I beg to move,

That this House has considered the detention of vulnerable persons.

I have brought this debate to the Chamber because the arguments about detaining people simply because of their immigration status are not over. I will argue that that is not necessary, is extremely damaging and is not cost-effective. I will also argue that unless the Government get on with examining the alternatives and implementing the bulk of the Shaw review recommendations with alacrity, I can only conclude that the use of immigration detention for vulnerable people is purely ideological. To make my arguments, I will explore the impact of detention, particularly on vulnerable people; say something about the alternatives to detention; and highlight some of the Shaw review recommendations that have not been implemented more than one year down the line.

I will say at this point that my experience of the Minister for Immigration, limited as it is, is that he has listened when I have had something to say and he has acted, so I come to this debate fairly sceptical but not completely cynical. I very much hope that today will signal a turning point.

I thank all the organisations that wrote to me and provided me with information. It did not make pleasant reading, but it is important to know what is going on. I pay tribute to all of them for the work that they do. They include Scottish Detainee Visitors, Detention Action, Medical Justice, the Scottish Refugee Council, the English Refugee Council, the Immigration Law Practitioners Association, Liberty, the United Nations High Commissioner for Refugees, Asylum Aid, the Helen Bamber Foundation, the Association of Visitors to Immigration Detainees, and the Detention Forum.

I am fortunate: I have never had to flee my home or my country and I have never been detained for anything, far less detained without having committed a crime. However, I know the damage that it does to a person’s physical and mental health to experience that. I know because of what I read and because of friends who have been through it. I will refer to two sets of friends of mine who have been in immigration detention.

[Mr David Burrowes (Enfield, Southgate) (Con)]

I congratulate the hon. Lady on securing a debate on a subject whose time has come again—many of us have been involved in debates on it in times gone by—but may I caution her on something? I welcome her scepticism: she is right to be sceptical, given the evidence that she will present to us. However, I would hope and expect my hon. Friend the Minister not to say that the reason for continued detention of vulnerable people is in any way ideological. Sadly, it could well be administrative. That is unacceptable too, particularly when the Government have said to Parliament that the presumption should be that those who are at risk are not detained.

--- Later in debate ---

[Anne McLaughlin]

I genuinely hope that the hon. Gentleman is right and the reason is not ideological, but we can only wait so long before we come to the conclusion that it is. Hopefully, though, it is not.

In case the Minister thinks that I am coming to him with worst-case scenarios, I will start with the best-case scenario and tell him about Romeo—that is not his name, but he is a bit of a Romeo, so I have decided to call him Romeo rather than using his real name.

Nobody is better equipped to deal with immigration detention than Romeo. He has a creative, flexible and problem-solving approach to life. He is confident, vibrant and philosophical, and deals with whatever life brings to him. However, this is what he told me about the time when he was detained. He had woken up early to pick up ingredients from a friend who was leaving this country to go back to her European country. She had baking ingredients and knew that he loved to bake. He came out of his door, and the next thing he knew he was handcuffed and shoved in a van and then in a detention centre.

Romeo said that trying to get in touch with the friend to tell her why he could not make the appointment was difficult. Trying to explain to somebody who does not come from the UK that he was in detention but had not committed any crime was quite distressing for him. He told me that he asked whether, if he was to be deported, he could go to his room and get his stuff, and he was told, “You’ll never see your room again.” There were two UK Border Agency officers there at the time. One said to him, “You sound Scottish; you sound British,” and the other said, “You’re not British and you never will be.” He said to me, “Even though I am that person who can cope with anything life throws at me, it was so hard to hear that from somebody.”

I will now go to my worst-case scenario—the worst experience that any of my friends have ever had. A friend of mine from Eritrea and her 10-year-old son were detained in Dungavel immigration removal centre. I want at this point to mention the work of Scottish Detainee Visitors. Its visitors visit people in Dungavel and have done so for many years. As it has pointed out to me, and as others will say today, Dungavel is a particularly difficult place to be detained, because of its isolation; it is 6 miles from the nearest public transport. I was in daily contact with the mother by phone, and the son said to her after a few days, “We can’t live like this, Mum. Please can we die?” And every day after that until they were released, he asked her, “Please, Mum. Please just let us die.” Can anybody imagine their own children thinking that, far less pleading with them to let them end their lives?

I know that we have reduced the number of children in detention, but we have not stopped it; we had 71 in detention last year. However, the point that I want to make is not about children in detention. Yes, we all agree that that is wrong, but the mother told me that it was so hard for her to respond to her son and tell him that there was something to live for and he had to keep on going, because she was not feeling it herself—she, too, wanted to end her life. The reason she did not was that she had gone through so much to save this child’s life, she was not going to allow them to end it there and then.

[John Howell (Henley) (Con)]

The hon. Lady is telling some really important stories that are bringing the points home to us, but I wonder to what extent she feels the situation would be significantly worse if the people involved had serious mental health problems, and whether the system is capable of dealing with that.

[Anne McLaughlin]

I will come on to say a little about that issue, and I thank the hon. Gentleman for raising it. One of the most significant issues is that the system is not capable of dealing with people who have mental health problems, and the agreement was that people with mental health problems would not be detained, but unfortunately that is still happening. As I said, I will come to that.

[Tulip Siddiq (Hampstead and Kilburn) (Lab)]

The hon. Lady is making a passionate speech about a very important issue that is close to my heart. She will be aware of my constituent, Nazanin Ratcliffe, a mother who has been imprisoned in Iran for a year and is suicidal. In April, it will be one year since she has spoken to her husband, and she barely ever sees her two-year-old daughter, Gabriella. Will the hon. Lady ask the Minister to make a point on that, because we need to bring Nazanin home, back to West Hampstead?

[Anne McLaughlin]

I echo that call and hope that the Minister will respond to it. The hon. Member for Hampstead and Kilburn (Tulip Siddiq) has fought long and hard for this woman who is fortunate to have her, but so unfortunate to be in the situation she is in—it is so wrong.

[Mr Andrew Smith (Oxford East) (Lab)]

Will the hon. Lady give way?

[Anne McLaughlin]

I’m very popular today!

[Mr Smith]

The hon. Lady is being very generous. I congratulate her on the debate and agree with what my hon. Friend the Member for Hampstead and Kilburn (Tulip Siddiq) has just said. On medical conditions, does the hon. Lady agree that the issue is not simply mental health conditions? I would cite the example that I was told about of someone with an urgent arthritic condition, who, rather than being given medical treatment in Campsfield House IRC, was put on a bus to central Oxford, where a taxi driver who spoke his language got him to Asylum Welcome, and an ambulance had to be called. Do we not need urgent re-evaluation and attention to the medical guidance?

[Anne McLaughlin]

Absolutely. As I said, my personal experience of the Minister for Immigration is that he listens. He cannot be expected to know absolutely everything less than a year into the job. I hope that he will respond to that intervention and do as the right hon. Gentleman asks.

Immigration detention attacks and destroys the soul—it is soul-destroying. As many of the groups have told me—some of their members are here today—“If you are not particularly vulnerable when you enter detention, it makes you vulnerable.” And there are alternatives that work. That is the ridiculous thing. The Government agreed to look into the alternatives, but they have not done so yet, and I think they still need convincing. However, before I attempt to do that, let me look at what we all agree on: the recommendations—or some of the recommendations—of the Shaw review that the Government agreed to.

Most hon. Members will be aware that the review was published in January 2016. Its remit was to “review the appropriateness” of

“policies and practices concerning the welfare of those who have been placed in detention”.

Shaw begins his conclusion with a comment that hints at the frustration felt by many of the organisations that have worked on this issue over the years. He says:

“Most of those who have looked dispassionately at immigration detention have come to similar conclusions: there is too much detention; detention is not a particularly effective means of ensuring that those with no right to remain do in fact leave the UK; and many practices and processes associated with detention are in urgent need of reform.”

Mr Shaw’s 64 recommendations include a number that focus on vulnerable people. To their credit, the Government have made a bit of progress with some of the recommendations, but when dealing with a system as fundamentally flawed as the detention system, and working with people who are so vulnerable, there has to be both an urgency to the improvements and a recognition by Government that a handful of adjustments are just not enough.

I obviously do not have time to detail everything today—there were 64 recommendations—but I hope that other Members will talk about the particular issues for stateless people, pregnant women and transgender people, among others. Shaw called for the definition of vulnerable persons to be extended. He said that the presumption against detention should also apply to victims of rape and sexual violence, to those with post-traumatic stress disorder, to transsexual people and to those with learning difficulties, and he rightly includes people who have suffered female genital mutilation in those groups.

Many of the recommendations are said to be addressed by the introduction of the adults at risk policy, which is apparently intended to better identify and lead to the release of vulnerable people. But so far there is no indication that, despite those intentions, the policy is actually having that effect. Aspects of the policy are subject to litigation. Medical Justice and a number of other non-governmental organisations have raised concerns that instead of increasing protections for vulnerable people, the policy does the opposite—including by narrowing the definition of torture so that less vulnerable people will not be identified as torture survivors and protected. The policy states that survivors of sexual and gender-based violence should not be detained, but there is no proper mechanism for identifying them and no mechanism for monitoring whether they are being identified. Will the Minister agree today to introduce such mechanisms and, if so, when can we expect that to happen?

Recommendations 62 and 63 encourage the Home Office to further consider ways of strengthening the legal safeguards against excessive length of detention, and to investigate the development of alternatives to detention. Shaw, in turn, was influenced by the UN High Commissioner for Refugees, who said:

“Pragmatically, no empirical evidence is available to give credence to the assumption that the threat of being detained deters irregular migration, or more specifically, discourages persons from seeking asylum.”

However, Shaw did note a broad consensus on the damaging effects of both lengthy detention and the threat of it, stating:

“The indefinite nature of detention was almost universally raised as making people more vulnerable and for its impact on mental health. There was strong support for a time limit for detention, starting at 28 days.”

[Paul Blomfield (Sheffield Central) (Lab)]

The hon. Lady knows that I was the vice-chair of a cross-party investigation into immigration detention that included the hon. Members for Enfield, Southgate (Mr Burrowes) and for Bedford (Richard Fuller). There is a great deal of cross-party unity, which was reflected in a decision by the House of Commons on this specific issue of the impact of indefinite detention.

We heard evidence from people who said that such detention is worse than being in prison, because in prison people know when the sentence finishes. To take up the point made by the hon. Member for Henley (John Howell), that uncertainty and the indefinite nature are not only inappropriate for people with mental health challenges—but develop those challenges and create crises for people who have, in many cases, already suffered trauma.

[Anne McLaughlin]

Absolutely. It is very clear today that there is much cross-party consensus on this issue. On the length of time that people are held in detention, the Home Office’s own statistics show that migrants in detention are being held for longer since the publication of the review. That is astonishing. At the end of December 2015, the month before the Shaw review was published, 453 people had been detained for longer than four months. According to the Home Office, nine months later that number had gone up to 553.

[The Minister for Immigration (Mr Robert Goodwill)]

I am sure the hon. Lady is aware that many of those who are detained for longer than usual are foreign national offenders and are assessed to pose a risk to the public. There are about 1,300 foreign national offenders in immigration detention. Is she suggesting that those people should be released, even if they pose a risk to the public?

[Anne McLaughlin]

What I am suggesting is that this Government will always raise that point. They will always say that. I am talking about people who have committed no crime. The Minister wants to talk about people who are in immigration detention because they have a criminal conviction; I am going to assume that they were sentenced, served a prison sentence and should be treated the same as any other prisoner. If they are a danger, they should not be out of prison. If they are not a danger, they should not be in detention.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

As one of the few people in the Chamber who was actually in the House when immigration detention as we know it was introduced, I have never forgotten that when we queried the lack of due process and safeguards we were told that people would only ever be in detention for a few months. The use of immigration detention has mushroomed, and the length of time has expanded, and that has shone a light on the lack of due process. We should never forget that none of these people, as matters stand, has committed a crime.

[Anne McLaughlin]

Absolutely. I could not agree more. I was not here at that time; I was a Member of the Scottish Parliament, I think, and very aware of the arguments being used.

I want to say a little about how we treat people with mental illness. Often they have an illness that did not exist or that lay dormant before they were detained, and the detention exacerbates it. I mentioned some of the organisations that have sent me information for today. One of them, Detention Action, helped Mishka to tell his story. This is what he said about being detained:

“I was detained with my twin brother. It was very difficult for us. We went in ok and we came out broken. The last three days before my brother was removed he tried to commit suicide two times. The first time, there was blood everywhere. The officers and nurses were so annoyed. They are thinking he is just trying to escape from removal. The nurse put a plaster on his wrists and took him to segregation.”

For goodness’ sake! Those are my words, not his. He continues:

“There he ripped a piece of metal off the wall to cut himself again. He was very, very vulnerable by the end. He was not the only one. There were many other people in bad states—mental and physical. There is more than one suicide attempt a day in detention now. All I know is that when suicide becomes normal—anywhere, ever—something has gone very, very wrong.”

[Alison Thewliss (Glasgow Central) (SNP)]

My hon. Friend is making a powerful and strong case in defence of her constituents and many others; I have constituents in this situation as well. Does she know that I tabled a written question last year to ask how many detainees were currently being monitored because they were a suicide risk? Is she surprised to learn that on 21 December 2016, 78 detainees were being monitored in line with care in detention assessment procedures?

[Anne McLaughlin]

Actually, the thing that surprises me about that—I am not sure whether this is my hon. Friend’s point—is that the number is so low. I am telling the Minister that 78 is not the number of people in these circumstances feeling suicidal and considering suicide.

Such people are human beings who the Government agree should not be put through this; yet they are being put through it and the British Government are doing it to them. Every time the Government are asked when a recommendation that they have agreed to will be implemented, the answer is “in due course.” Notwithstanding all I said about the Minister at the start, I do not want to hear “in due course” today. That is not good enough. The most soul-destroying thing about being in detention is the unlimited nature of it—not knowing when or whether you will be released; the most soul-destroying thing for campaigners, many of whom have been in detention or are still at risk of detention, is not knowing when the Government will do as they promised.

I want to look at some of the alternatives to detention. There is a strong moral case for community-based alternatives. However, I am often, if not always, on a different side of the argument from this Government when it comes to discussions based on morality and values, so I will make the arguments based purely on effectiveness of outcome and cost.

In this place, I have often accused the Tory Government of knowing the cost of everything and the value of nothing. Yet when it comes to immigration detention, it seems that money is no object. Why? Why do we use the most expensive system, particularly in these times of austerity? Why is there no money to support people in need—vulnerable young homeless people who now cannot claim housing benefit, for example—but an unlimited pot of cash to put already vulnerable people through a living hell in detention centres, given that the Government agree that that is what they are doing and that it can be catastrophically damaging to people? Evidence is increasing that working with people in the community, using a case management approach, works.

[Mr Burrowes]

The hon. Lady perhaps understates the costs. What about people whose stay is extended, so their time in detention is longer than legally required? The compensation bill is going up by millions of pounds. That is taxpayers’ money, which is being wasted on illegal, extended detention. Frankly, that is a scandal—it should go on effective, alternative ways of controlling people.

[Anne McLaughlin]

In a recent two-year period, the bill for compensation for people detained illegally was about £10 million. I pay tribute to the hon. Gentleman for all that he does and says—it cannot be easy for someone when their Government are involved—and for all his campaigning on behalf of people in these circumstances.

There are a number of established alternatives to detention, such as the Toronto Bail programme, which is centred on community-based release. Importantly, that model has achieved a 94% cost saving compared with detention, and a compliance rate of 95%. I will not go into all the other models, but Sweden has a case management welfare and rights-based approach, which works with the person who is seeking asylum. Is the Minister aware that in 2014 in Sweden, the voluntary rate of return was 76%, whereas here it was 46%? Does he realise that the longer a migrant is detained, the more likely it is that they will be released from detention and not returned to their country of origin? Does that not just make the exercise completely pointless? Would it not be better to strengthen the decision-making process in the first place, and would that not be cheaper? Well yes, it would.

[Richard Fuller (Bedford) (Con)]

I am delighted that the hon. Lady has secured this timely debate. She talks about foreign examples, but we do not need to look offshore to reinforce her point. A signal achievement of the coalition Government was that they stopped locking up children in immigration detention and introduced the family returns panel. Since that was introduced in 2011, the voluntary return proportion has grown from 51% in 2011-12, to 76% in 2012-14, to a voluntary return percentage of 97% in 2014-16. Does that not fully reinforce her point without our needing to look abroad?

[Anne McLaughlin]

Absolutely. I pay tribute to my colleague, the hon. Gentleman, who is also on the Government Benches and has been a strong campaigner on this issue. I urge the Minister please to look at the different examples, domestically and internationally, because they save money and are more effective.

Before the hon. Gentleman’s intervention, I was about to invite the Minister to guess how much we spend each year on the long-term detention of migrants who are ultimately released and should therefore never have been detained in a removal centre. Well, he does not have to guess; independent research from Matrix Evidence uncovered the fact that we waste £76 million on that every year. I am calling on the Minister to look into strengthening the decision-making process—not just to save money, but so that we stop causing unnecessary trauma to individuals who have done nothing wrong.

The reason why we use the current system is definitely not effectiveness of outcome, given the much higher success rates in Sweden and Canada, and definitely not cost-effectiveness, so I am interested to hear the Minister’s explanation. Perhaps he can complete the following sentence in 15 words or fewer: “Well yes, Anne, it is the most expensive option, but it is worth it because…”. I tried, but he would not like my finished sentence and I do not like it either, so I ask him in all sincerity: why, when there are less expensive, more effective systems, do we not go for them as opposed to the system that we have?

I shall finish with this point. Yesterday, Nicola Sturgeon announced plans—this is relevant, Mr Davies—for Scotland to have an independence referendum. Last Thursday the Select Committee on Scottish Affairs had a debate in Parliament during which the Scottish National party called for immigration powers to be devolved. Either of those scenarios—further devolution or independence—are options for Scotland, but I have no crystal ball. There may be absolutely no change, but we will have to wait for the people of Scotland to decide. There is a real chance that we—not just SNP MPs, but MPs representing Scotland—will be out of here in the next few years, but we might not and people might still be being detained in Scotland against our Government’s will.

However, even if Scotland becomes independent, that does not mean we do not care what happens in the rest of the UK. Far from it—my fervent hope is that whoever is in power in the rest of the UK will see that Scotland is running a far more welcoming, humane immigration system and will follow suit when they see for themselves that it works and is cost-effective. I urge the Minister not to wait until then, but to make this something that he is personally in charge of and will expedite, because people have been waiting for long enough.

In this debate, I have focused primarily on those seeking refugee status—rightly so, because they are likely to be the most vulnerable, given that they have had to flee their own countries. But an IRC is an immigration removal centre, which means that anyone who is classed as an immigrant can be detained there—and they are. I was interested to read about the increasing number of Europeans being detained for long periods. The rest of the UK is leaving Europe, but that does not have to be hostile. Is it not time to extend the hand of friendship to our European neighbours and the rest of the world, and could that not start with treating their citizens who come to live here with respect, dignity and humanity?

--- Later in debate ---

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)]

It is an absolute pleasure to serve under your chairmanship, Mr Davies, and I thank you for that welcome. I congratulate my hon. Friend the Member for Glasgow North East (Anne McLaughlin) on bringing the debate to the House and on an excellent speech, as well as other hon. Members, who spoke in a most informed manner.

Dungavel immigrant removal centre is in my constituency, so I have a particular interest in the debate and the issues. I have been several times to Dungavel. The current UK Government policy of detention is not the policy of the Scottish Government, but the dedication of the staff, who apply themselves to difficult work with extremely vulnerable individuals who are in some of the highest-risk times of their lives, is commendable. We may not believe that the people in question should be detained, but the staff work to the best of their ability in difficult circumstances.

[Anne McLaughlin]

I received an email this morning saying that at the weekend, when people went to make their presence felt outside Dungavel, they saw staff patrolling with what looked like police dogs. I wonder if my hon. Friend would ask the Minister to find out what that is about. I am sure it is not the idea of the staff. There must be a Home Office directive saying that that is a good way to look after people in detention.

[Dr Cameron]

That is certainly not something I witnessed when I visited Dungavel, but perhaps the Minister would like to comment.

It is recommended that the presumption against detention be extended to include victims of rape and sexual or gender-based violence, including FGM, people with a diagnosis of post-traumatic stress disorder, people with learning disabilities and other vulnerable groups. As to the exclusion of pregnant women, surely we must agree that their care cannot possibly be managed adequately within detention. The Shaw report also found that rule 35 of the detention centre rules, designed as a key safeguard for victims of torture or those whose health would be at risk from continued detention, failed to protect vulnerable people in detention. The report highlighted a fundamental lack of trust in medical staff and advised consideration of independent GPs or professionals.

I should like to address several issues in the time I have: assessment of those with PTSD, assessment of those with a learning disability, and the important issue of the detention of vulnerable and traumatised individuals alongside foreign national offenders—something that I believe poses a risk in itself. As a psychologist, I can say that assessment of post-traumatic stress disorder is complex and cannot be done as a snapshot. I went on occasion, in a previous life, to Dungavel to assess mental health, but there is a brief timespan.

--- Later in debate ---

[Anne McLaughlin]

I feel quite depressed now, because a number of questions have not been answered, although I accept that the Minister said he would write to us. I think I will write to him and remind him of some of those questions. One of the fundamental things he has not addressed is the gap between stated policy and practice. Policies are not being carried out in practice, and we have given numerous examples of that.

Will the Minister have a meeting with me and some of these groups, which have a lot of experience of detention and a lot of valuable information about the alternatives? He has not answered why we are not using all the alternatives that are far cheaper and far more effective. Why are we not looking at following those? Will he agree to that meeting? He is very good at agreeing to meet me, and he has responded before. Will he please give me half an hour of his time to sit down with some people who know exactly what they are talking about so that they can try to convince him a little bit more? It will save us money in the end and lead to a far better outcome.

Question put and agreed to.

Resolved,

That this House has considered the detention of vulnerable persons.