Illegal Migration Bill

Debate between Tim Loughton and Vicky Ford

Report stage
Wednesday 26th April 2023 Commons Chamber

[Tim Loughton]

That is absolutely right. It is notable that three former Children’s Ministers are behind the measures we are trying to push today. It is essential that any child in this country, whether a refugee here temporarily or someone here for the long term, is covered by the welfare considerations of the Children Act. I am grateful that the Minister referred to the Children Act. As it stands, despite the measures that mean there will be a differentiation between children and adult detention—we do not know what yet—under the Bill a 12-year-old child claiming asylum could still be in a Home Office detention centre facility for 27 days. That is not a good look, and it must not happen.

[Vicky Ford]

I add my voice to the chorus of former Children’s Ministers on this issue. Does my hon. Friend agree that the period for which a child could be detained when they first arrive to find them suitable accommodation needs to be a matter of days, not weeks, and that that needs to be in the Bill?

[Tim Loughton]

That is what we put in the Immigration Act 2014 with the then Immigration Minister, now the Transport Secretary. What has changed between 2014 and 2023 that means apparently we have to detain children indefinitely? We need timescales in the Bill, as we had in 2014. I appreciate there are practical problems about age verification for those who are challenged. We may have to have a two-tier system, but certainly those children who are recognised generally as children should not be locked up in detention centres and Home Office facilities, and that has to be made absolutely clear when this Bill goes to the Lords.

We also need to know how and where the Government plan to accommodate those children once identified. The accommodation does not exist at the moment, and the Government have only a few months to magic it up if we want to get this legislation through in a matter of months. I share the Children’s Commissioner’s concerns. She said:

“The Bill is unclear on what the state of the accommodation will be for children while awaiting transfer to local authority care or removal from the country…What regulations will be in place for Home Office provided accommodation? If the accommodation is regulated which body will inspect them?”

There are a lot of questions to be asked. We are taking the assurances from the Minister on trust. We will not continue with a lack of detail when the Bill gets to the Lords, but for the moment we will not force it, because I trust the Minister to do the right thing before the Bill goes through its final stages.