On 3rd April 2019 Baroness Whitaker asked the Government “whether they intend to implement the recommendations of the report of the Joint Committee on Human Rights, Immigration Detention (HL Paper 279), published on 7 February, in particular those related to indefinite detention.” The Bishop of Durham, Rt Revd Paul Butler, asked a follow-up question:
The Lord Bishop of Durham: My Lords, the Joint Committee’s report recommends that initial detention decisions be reviewed by a judge within 72 hours. Can the Minister explain why the usual standards of British justice should not apply here?Baroness Williams of Trafford: The right reverend Prelate will be comforted to know that all decisions on detention benefit from the oversight of the independent detention gatekeeper. On the analogy with the criminal justice system, that system is different. Custody is in place to establish a criminal investigation, but detention has already established that the person needs to be removed.