Baroness Lister Leads Lords Debate on Immigration Detention Rules and Protections for Vulnerable Groups

On Monday 14th October RAMP Associate Ruth Lister moved a debate on the Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2024 which were introduced by the previous government. The debate was to discuss concerns about these regulations which potentially reduce protections for vulnerable individuals in immigration detention. The debate emphasises the need for a broader review of detention policies, calling for better safeguards and monitoring.

Baroness Ruth Lister

Other RAMP Associates also took part in the debate including Lord German who stressed that all asylum seekers should be considered legal until their case is determined, noting that people fleeing persecution may not initially meet formal legal criteria but may have legitimate claims. He also highlighted that only 1 out of 33 recommendations from the Brook House inquiry into abuses in detention has been fully adopted and called for meaningful engagement with the inquiry’s recommendations to prevent further mistreatment.

Lord German

Baroness Mobarik raised concerns about the detention of children and expressed concern about the welfare of children detained under the Immigration Act 2014, particularly in short-term facilities like Yarl’s Wood and Gatwick pre-departure accommodation. She called for the reinstatement of time limits on child detention, noting the profound psychological, medical, and developmental harm that detention can inflict on children, calling for extreme caution in the use of this power. 

Baroness Mobarik

The Lord Bishop of Sheffield shared the story of Victor, a Zimbabwean asylum seeker who faced arbitrary detention despite not being classified as vulnerable under current regulations. He highlighted that detention itself makes individuals vulnerable, even if they are not initially deemed so, and calls for the system to be more humane, fair, and transparent. Additionally, he criticised the failure to adopt most recommendations from the Brook House inquiry and urged the review of immigration detention to reconsider implementing those recommendations.

Lord Bishop of Sheffield

The Lord Bishop of Manchester shared a personal story about an asylum seeker in his community who had faced detention and highlighted concerns over the government's past disregard for recommendations on improving detention centre conditions, such as those at Manchester's Pennine House. He questioned the safety of vulnerable groups, particularly LGBT asylum seekers, in detention and criticised the government's approach to immigration detention, urging clarity on whether those regulations genuinely addressed real risks or simply created an unwelcoming environment for asylum seekers.

Lord Bishop of Manchester

In response to the debate, the Lords Minister of State for the Home Office has said that the government will conduct a thorough review of the adults at risk policy, aiming for completion by spring 2025. This review will include an examination of the Detention Centre Rules, specifically rules 34 and 35, which were recently expanded. The Minister also committed to engaging with external stakeholders, including NGOs, to assess the effectiveness of current regulations. Additionally, concerns about re-traumatisation and the second opinion process will be addressed, and the Minister will work with Dame Angela Eagle to review issues raised regarding Brook House and broader detention principles.

Baroness Lister closed the debate by highlighting the importance of reconsidering alternatives to detention and the reintroduction of time limits noting that these issues will continue to be pursued.. We would like to thank Medical Justice UK for their support with briefing parliamentarians for this debate.