Immigration, Asylum and Nationality Bill

moved Amendment No. 69:"After Clause 56, insert the following new clause—" ““DETENTION    Asylum applicants falling within the vulnerable categories, as defined by the United Nations High Commissioner for Refugees, shall only be detained before or during the determination of their cases if an independent medical practitioner has certified that detention will not harm their mental or physical health.”” The noble Lord said: My Lords, I was mildly encouraged when I noticed that the Minister had two or three supporters behind her; but they have somehow melted away. She will now understand why I said to her in an earlier conversation that we would need two days for Report stage on this controversial, complex and difficult Bill. This is a simple and, I hope, straightforward humanitarian amendment. The UNHCR has for a long time defined the kinds of asylum applicants that the commissioner considers to be vulnerable. These include the elderly, torture survivors, children, women who have suffered rape or who are pregnant, and people with serious health needs. Such conditions are made worse when those affected speak and understand little English. Bail for Immigration Detainees is a small English charity. In one year, it was approached by some 1,100 detainees, many of whom were in the conditions that I mentioned. In May 2005, Médecins Sans Frontières reported on 13 adults and three children, all with health needs. Their detention lasted from 40 to 270 days, with an average of 250. The report commented on the apparent lack of means to secure appropriate medical care and protection. In February 2005, Save the Children estimated that 2,000 children are detained with their families each year. Studies of 32 cases showed that children can and do remain in detention for long periods. I hope that I have said enough to show that health and vulnerability are urgent problems that are often overlooked. My amendment offers a way of preventing harm and unnecessary suffering. There should be a thorough medical check before vulnerable people are locked up. If the Government believe that some vulnerable people will abscond if they are not detained, surely some combination of reporting and tagging could be devised to meet a few exceptional cases. As more people are expected to be detained each year from now on, health cases are likely to multiply, making my amendment still more necessary. The amendment is intentionally limited to asylum applicants and, in particular, to those whose cases have not yet been determined. Perhaps it should go a little further—I do not know. As it originates from the direction of the UNHCR and as two of your Lordships with very considerable medical experience—the noble Lords, Lord Rea and Lord McColl of Dulwich, although they are not in the Chamber—have expressed to me support for it, I hope that it will commend itself to the Government. I beg to move.