UK Parliament / Open data

Immigration, Asylum and Nationality Bill

That is an entirely fair point, and I hope that my hon. Friend will allow me to get to it later, as I develop my remarks. Prisoners who undertake paid work would do so on the basis of an exemption from the national minimum wage in section 45 of the National Minimum Wage Act 1998. There is no similar exemption for immigration detainees in removal centres, and that is what we want to remedy. Paradoxically, individual detainees held in prisons are, by default, covered by the exemption for prisoners. That means that an immigration detainee incarcerated temporarily or otherwise in the prison estate is covered by the exemption for prisoners and could do paid work. In contrast, that person could not do paid work on transfer to the removals estate. The exemption created by this new clause would therefore remove that anomaly and bring detainees in removal centres in line with people held in prisons. It is important to note that all paid activity would be entirely voluntary and provided in addition to the various educational, sporting and recreational activities offered to detainees at present. Detainees would be encouraged to participate, just as they are in relation to other activities, but in no way would they be compelled to carry out the work. Detainees who chose not to participate in paid activity would continue to receive any allowances due to them under the removal centre incentive schemes. Work opportunities provided to detainees are likely to be of two main types. The first type would be the ““traditional”” custodial activities such as light cleaning, kitchen assistance, laundry work and gardening. However, I accept the point made by my hon. Friend the Member for Walthamstow, and assure the House that contractors would not be allowed to bid for such work on the basis that detention centre internees would be used. That will not be allowed to happen. The second type of paid work would include activities organised by charitable or voluntary groups, for which detainees would receive direct financial reward for participation. Detainees would not engage in commercial work of any description, and I hope that that answers the point raised by my hon. Friend the Member for Walthamstow directly. This measure is principally intended to enhance detainee welfare, with the consequential benefits for removal centre security. It will ensure that the existing range of activities available in removal centres can be complemented by paid activity, which has well established benefits for those in custody. As I said in connection with the previous group of amendments, I shall end my introductory remarks there, and respond later to points raised in the debate.
Type
Proceeding contribution
Reference
439 c1016-7 
Session
2005-06
Chamber / Committee
House of Commons chamber
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