Overview

This Immigration Bill amendment focuses on limiting the detention of immigrants, particularly pregnant women, introducing time limits and judicial oversight to ensure fair and humane treatment. The bill has seen significant back and forth between the House of Lords and the House of Commons, with amendments and counter-amendments shaping the final version.

Description

The bill comprises several key amendments regarding immigration detention:

Time Limits on Detention:

Initially, the Lords proposed a 28-day limit on immigration detention, extendable only by the First-tier Tribunal in exceptional circumstances. The Commons rejected this, instead proposing a system where bail must be considered after six months, later reduced to four months after further debate. This ensures regular review of detention. Exceptions exist for those sentenced to 12 months imprisonment or facing deportation orders.

Judicial Oversight:

The First-tier Tribunal will review detention extensions and has the power to review extended detention periods without further application from the Secretary of State. The Tribunal's role is central to providing judicial oversight of the detention process.

Detention of Pregnant Women:

The Lords proposed a complete ban on detaining pregnant women. The Commons disagreed, proposing a 72-hour limit, extendable to seven days with ministerial approval. After further debate, a compromise was reached to permit detention only in exceptional circumstances. The bill also mandates consultation with the Independent Family Returns Panel in cases involving pregnant women's removal. Additional provisions in the bill aim to ensure pregnant women's safety and welfare during detention, including specific requirements regarding facilities and medical care. A 28-day restriction on removal from the UK for pregnant women following the exhaustion of appeals is also introduced.

Guidance on Vulnerable Persons:

The bill requires the Secretary of State to issue guidance on assessing the vulnerability of detainees and determining whether detention is appropriate in vulnerable cases. This guidance must be laid before Parliament.

Government Spending

The financial implications of this bill are not explicitly stated in the provided text. The impact on government spending will likely depend on the number of successful bail applications and changes to detention practices. It could potentially lead to increased costs associated with providing bail supervision or alternative arrangements for those released from detention.

Groups Affected

• Immigrants facing detention: The bill significantly impacts immigrants facing detention by introducing time limits and providing for judicial review of detention.
• Pregnant immigrant women: This group receives specific protections, with significant limitations placed on their detention.
• The First-tier Tribunal: The Tribunal assumes a crucial role in overseeing detention decisions.
• The Secretary of State: The Secretary of State is tasked with implementing the new rules and providing guidance.
• The Independent Family Returns Panel: The Panel has an increased role in cases involving pregnant women.

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