- House of Lords Reject Detention Extension: Government’s attempt to increase detention period for children denied
- Peers Reinstate Protections: Votes to restore protections for minors and alleged victims of human trafficking
- Potential Rematch Over Legislation: Possibility of clashes between ministers and Conservative backbenchers in the House
The House of Lords has rejected the government’s attempt to extend the detention period for children in its migration measure.
The government’s Illegal Migration Bill increases the length of time minors can be detained before being deported for illegal entry.
However, peers voted to reinstate protections more consistent with current law.
In addition, they voted to reinstate protections for alleged victims of human trafficking.
Wednesday evening, ministers suffered a series of defeats on the Illegal Migration Bill.
Each vote reinstated provisions that had been eliminated by House of Commons ballots on Tuesday.
The House, where the administration has a majority, can repeal these modifications. The House of Lords can suggest MPs review measures but cannot force the government to agree modifications.
However, this raises the possibility of a rematch between ministers and Conservative backbenchers over contentious aspects of the legislation.
The measure, which was passed by the House of Representatives in March, is central to Prime Minister Rishi Sunak’s prominent vow to “stop” small boats from crossing the English Channel.
It would require the government to imprison and deport illegal immigrants to Rwanda or another “safe” country.
Although the Court of Appeals ruled that the government’s plan to deport migrants to Rwanda was unlawful, the government maintains its commitment to the plan. It has already stated that it will file an appeal with the Supreme Court.
Concerns have been raised regarding the treatment of minors under the new migration bill, as well as allegations that existing UK regulations to prevent modern slavery would be undermined.
The legislation would allow ministers to deport minors in certain cases.
It would also increase the maximum length of detention for minors from three to eight days. A previous version of the measure proposed allowing up to 28 days of detention for children.
‘Reasonable’ detention
The government argues that detention powers are required to ensure that migrants destined for deportation do not “disappear into the community” and that no one will be detained for longer than “necessary” to ensure their deportation.
In addition, there is an overarching legal obligation to ensure that the duration of detention is “reasonable,” and “voluntarily leaving the United Kingdom will always be an option for all.”
The Home Office recommended a 72-hour detention restriction for pregnant women before Tuesday’s House of Commons vote.
In addition, amendments passed by the House of Lords would impose a 72-hour limit on the detention of unaccompanied minors, which could be extended to a maximum of seven days with ministerial approval. Peer-approved proposals limit the length of detention for accompanied minors to 96 hours.
The government had previously scaled back its juvenile detention plans in response to a rebellion by Conservative backbenchers.
In other votes on Wednesday, the Lords voted to reinstate a prohibition on the deportation of LGBT migrants to ten predominantly African countries, including Rwanda, Nigeria, and Kenya, as well as a ban on the deportation of trans men and women to Brazil. In July, peers had previously endorsed the same proposals.
