On 17th July 2023, the House of Lords debated the Illegal Migration Bill in the final day of the report stage. The Bishop of Bristol spoke in support of her motion E1, which would amend the bill to ensure that children could not be held in detention for longer than 120 hours, or for longer than a maximum of a week with authorisation of a Minister of the Crown:
The Lord Bishop of Bristol: My Lords, I shall speak to Motion E1. This Motion, as with Motion D1, concerns vulnerable children being deprived of their freedom—in this case, those accompanied children. I am disappointed that, regardless of the strength of opinion across this Chamber, the Government are still not proposing to set limits on the detention of children in the Bill, whether they are accompanied or unaccompanied. Despite the comments of the Minister about the possibility of fake families earlier in the debate, I wish to press the point.
My amendment, as originally tabled by the right reverend Prelate the Bishop of Manchester last week, seeks to address and bring forward provisions for children within families. It was the Prime Minister himself who stated that it is not the intention of the Bill to detain children. This amendment seeks to go some way towards ensuring that commitment for all children. It would ensure that for families with children, the children could be detained for no longer than 120 hours—five days—or for no longer than seven days, with ministerial approval. It presents a proportionate response to the possibility of unlimited detention of children that is a compromise on what is in the 2014 Act. Given that the Government intend to deport those meeting the conditions of Clause 2 swiftly, It would not hinder that objective.
Throughout the Bill’s passage, we have debated the debilitating effect and lifelong impact of detention on children, and I respectfully disagree with the Government that the high number of asylum arrivals requires such damaging impacts down the generations. Indeed, if the Government’s assurances on using detention powers for the shortest possible periods are to be believed, as we have heard earlier this evening, they will not fear having their powers subject to a degree of limitation when it comes to children—all children. I will want to press this Chamber to a resolution this evening.
Extracts from the speeches that followed:
Lord German (LD): This Government have taken a regressive step without justification and without evidence of it causing a pull factor—even from recent history since the current limits were introduced in 2014. Children should be treated as children first, not by their immigration status. We know enough about detention of children to know that it is not in the child’s best interest, whether they are on their own or with their family. That is why we also support the amendment from the right reverend Prelate the Bishop of Bristol on accompanied children. If we ought to have them, we need proper time limits in the Bill, not permission to make a bail application. This part of the Bill will be a stain on our reputation, and it is not the will of the British people—although people will say it is—to lock up children. We can control immigration without inflicting suffering on children.
Lord Ponsonby of Shulbrede (Lab): The right reverend Prelate the Bishop of Bristol introduced her amendment about a time limit of 120 hours, or up to seven days when authorised by a Minister; we will support the right reverend Prelate should she choose to move to a vote.
Lord Murray of Blidworth (Con, Home Office): I turn to the points raised by the noble and learned Baroness, Lady Butler-Sloss, and the right reverend Prelate the Bishop of Bristol in relation to the provisions concerning the responsibility in respect of children. I can reassure both the noble and learned Baroness and the right reverend Prelate that we are working closely with DfE on the implementation of this Bill, but I am afraid that I cannot accept the other propositions that they advanced.
Finally, in response to the noble Lord, Lord German, it is not our intention to “lock up children”, as he put it, under this Bill. It is our intention to have the power to do so should that be necessary in very rare circumstances. For those reasons, I invite the House to reject these amendments in the event that they are not withdrawn.
The Lord Bishop of Bristol: At end insert “, and do propose Amendment 33D in lieu—
33D: Clause 10, page 15, line 29, leave out “for any period” and insert “for a period of not more than 120 hours, or for a period of not more than seven days in cases where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975)””
My Lords, given the lateness of the hour and the current mind of the House as indicated thus far, with sadness I am minded not to move Motion E1.
Motion E1 not moved.
The Church of England in Parliament 
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