Peers raise IAPDC’s concerns about risk to life posed by the Illegal Migration Bill

During the Committee Stage of the Illegal Migration Bill in the House of Lords on 7 June, cross-party Peers raised the Panel’s concerns about the proposed expansion of detention powers under the Bill, and the impact this will have on the Government’s ability to keep people in its care safe.

Speaking about the removal of existing restrictions on the detention of vulnerable groups, including unaccompanied children, and new powers to detain people for periods which the Home Secretary deems “reasonably necessary”, Baroness Lister quoted the Panel, saying:

The Independent Advisory Panel on Deaths in Custody, a non-departmental public body, has warned the Home Secretary that this is “a group who are particularly vulnerable, including in respect of mental ill-health, self-harm, and suicide due to trauma caused by dislocation from family”.

It also emphasises “the link between the indefinite nature of detention and feelings of uncertainty and hopelessness, which can increase the risk of suicidality”.

She also urged the Home Secretary to respond to the Panel’s letter, dated 17 March 2023, which raises a number of concerns about the risk to life posed by the Bill.

The Independent Advisory Panel on Deaths in Custody, which I mentioned earlier, wrote to the Home Secretary on 17 March. Having expressed general concern about the increased risk of suicidality as a result of the extension of indefinite detention, it asked whether the Home Office had carried out a full assessment of the risks linked to the indefinite detention of pregnant women as well as children, and whether it would publish that assessment. More than two months on, no reply has been received. No doubt it will be sent in due course, so perhaps the Minister can provide an answer now and remind the Home Secretary that a proper reply is due to the panel.

Read the Panel’s letter to the Home Secretary.

The Panel’s concerns were also raised by Lord German who pointed to its written evidence to the Joint Committee on Human Rights (JCHR). Lord German questioned why the Government is seeking to suspend the duty to consult the Independent Family Returns Panel when seeking to remove families. He quoted the Panel, saying:

In its evidence to the Joint Committee on Human Rights, the Independent Advisory Panel on Deaths in Custody gave the view that “the removal of this independent oversight … risks the safety of children during potentially dangerous enforced removals”.

The Panel submitted evidence to the JCHR as part of the Committee’s pre-legislative scrutiny of the Illegal Migration Bill. Read the evidence submitted by the Panel.

Read the full transcript from the debate. As the Bill continues to make its way through Parliament, the Panel will seek further opportunities to work with MPs and Peers to ensure the safety of detainees is carefully considered and at the fore of policy developments.