Immigration, Asylum and Nationality Bill

I, of course, never ever doubt your guidance in respect of our proceedings, Mr. Deputy Speaker. [Interruption.] Someone just called me a creep, but I am sure that you will admonish them. This is an interesting new clause. I hope that we will not get sidelined by issues that are not relevant, so that we can focus on those that are. There is a strong body of opinion that holds that paid activity should be available, on a voluntary basis, for people in immigration removal centres. This new clause works to that effect. At the moment, detainees in immigration removal centres do not have the opportunity to undertake paid work of any description. Despite the presence of educational and other activities in removal centres, many non-governmental organisations have established that the absence of paid activity can lead to boredom and frustration among detainees. That is harmful to their well-being, and that of the entire institution, and contributes directly to control and order problems. Paid activity is generally accepted as a necessary component of the activities provided to individuals in custody. It benefits the individuals concerned by giving them additional constructive and purposeful activity with which to occupy their time. As a direct result, it plays a key role in helping to maintain order. The absence of paid activity for immigration detainees, with the potentially adverse consequences for their well-being and for removal centre security, has been highlighted by Her Majesty’s chief inspector of prisons and by the prisons and probation ombudsman. Both have recommended that the current position should be remedied. In order to provide opportunities for detainees in removal centres to participate in paid activity, we need to exempt them from the national minimum wage. Detainees may be regarded as ““workers”” for the purposes of the National Minimum Wage Act 1998 if they perform paid activity of any sort, and would therefore be entitled to receive the national minimum wage. That would not be viable financially, nor reflect the true economic value of the work likely to be carried out, which is likely to be remedial and assistive. ““Assistive”” is the correct word in this context, but nevertheless I apologise for using it. The current position has prevented detainees from being given opportunities to undertake paid activity. We need to change that.