Let me reassure the right hon. Gentleman, and the hon. Member for Wigan, that all children who are dealt with by means of the national referral mechanism—with which the right hon. Gentleman will be familiar—will be provided with advocates as soon as they are identified as suspected victims of trafficking. We intend appropriate support to be provided as soon as children have been referred.
Let me now deal with Lords amendments 1 to 4. When the Bill left this House, clause 1 provided for regulations specifying, first, who would count as a family member for the purpose of removal and secondly, the arrangements for giving notice of removal. The power to make regulations is exercisable by statutory instrument following the negative resolution procedure.
The Joint Committee on Human Rights asked why the original clause gave discretion over whether family members should be notified of removal when we had clearly stated during a debate that they would always be notified. The Delegated Powers and Regulatory Reform Committee believed that the definition of a family member should be in the Bill, and that delegation was inappropriate. The Lords amendments are designed to address all the concerns raised by the two Committees: they would insert in the Bill the definition of family members, the requirement always to notify them of removal, and the effect of the notice.
The Government have transformed the approach to returning families with children, in line with their commitment to end the detention of children for immigration purposes. Lords amendments 5 to 9 and 29 to 34 give legislative effect to our current policies on family returns by putting key elements of the new process into primary legislation. That will guarantee that the fundamental elements of the approach cannot be changed without parliamentary oversight and debate.
First, the amendments prevent families being from removed for 28 days after any appeal against a refusal of leave has been completed. That will ensure that they will always have an opportunity to consider their options and avoid enforced return. Secondly, we are placing the independent family returns panel on a statutory footing: its advice must be sought on how best to safeguard and promote the welfare of children in every family returns case in which return is enforced. Thirdly, we are providing specific legislative protection for unaccompanied children so that they are not held in immigration removal centres when we are trying to return them. Finally, we are
providing a separate legal basis for pre-departure accommodation, independent of other removal centres. It will be used only for holding families with children and only within the existing maximum time limits.
I know that my hon. Friend the Member for Brent Central (Sarah Teather) and others have tabled some manuscript amendments to Lords amendments 6, 7 and 8, which were debated in Committee and again on Report in the other place. I am sympathetic to her intentions and the intentions o those who have supported her manuscript amendments. However, although I understand the motivation, her amendments (a) and (b) to Lords amendment 6 and amendment (a) to Lords amendment 7 would widen the definition of families in the family returns process and apply the 28-day period during which a child, relevant parent or carer may not be removed or required to leave the UK to parents who do not live with the child as part of a family unit. They would also stipulate that we could only separate a child from their parents for child protection reasons.
These amendments do not reflect the Government’s returns process. We will always seek to ensure that families remain together during their return, but there are exceptional circumstances in which temporary separation may be necessary. For example, where there is a public protection concern or, indeed, a risk to national security, a dangerous individual might not be considered a threat to their own children but could be a risk to the wider public and we would therefore need to remove them as soon as possible which might require a family separation.
Manuscript amendment (a) to Lords amendment 8 would mean no unaccompanied child could be detained under Immigration Act powers. Lords amendment 8 reflects the operational reality that unaccompanied children may need to be held for short periods in transit to a port of departure or at the port awaiting removal. These types of removal are rare, but if we do not hold children safely in very limited circumstances while they are travelling unaccompanied in and out of the UK, we increase the risk that they may come to harm by falling prey to traffickers or even absconding. Lords amendment 8 will ensure that detention is for the shortest possible time.
Lords amendments 10 and 11 deal with appeals, and the Government have reformed appeal rights in this Bill to reduce complexity and provide the most effective and appropriate remedy for all cases. Administrative review will provide a faster and cheaper way of correcting caseworking errors, but Lords amendment 10 provides further assurance. It requires that the Secretary of State commission the independent chief inspector within a year of clause 11 being commenced to prepare a report on administrative review. That report must address the specific concerns raised about the effectiveness and independence of administrative review. Lords amendment 11 makes a technical correction to clause 11(5) which provides that the tribunal may not hear a new matter which the Secretary of State has not considered unless the Secretary of State consents to its doing so.