Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2021 — Motion to Revoke — 28 Apr 2021 at 16:32

The majority of MPs voted for new guidance intended to ensure that vulnerable people are not detained inappropriately in immigration detention.

The motion rejected by a majority of MPs in this vote was:

• That the Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2021 (S.I., 2021, No. 184), dated 23 February 2021, a copy of which was laid before this House on 25 February 2021, be revoked.

The operative element of the regulations supported by a majority of MPs in this vote stated:

• The guidance entitled “Immigration Act 2016: Revised guidance on adults at risk in immigration detention”, a draft of which was laid before Parliament on 22nd February 2021 by the Secretary of State under section 59(4) of the Immigration Act 2016, comes into force on 25th May 2021.

The draft revised guidance in question^[1], which was supported by a majority of MPs in this vote, stated:

• detention will not be appropriate if an individual is considered to be at risk in the terms of this guidance unless and until there are overriding immigration considerations

and

• For the purposes of this guidance, an individual will be regarded as being an adult at risk if:
• they declare that they are suffering from a condition, or have experienced a traumatic event (such as trafficking, torture or sexual violence), that would be likely to render them particularly vulnerable to harm if they are placed in detention or remain in detention
• those considering or reviewing detention are aware of medical or other professional evidence, or observational evidence, which indicates that an individual is suffering from a condition, or has experienced a traumatic event (such as trafficking, torture or sexual violence), that would be likely to render them particularly vulnerable to harm if they are placed in detention or remain in detention – whether or not the individual has highlighted this themselves

The guidance stated, as principle:

• the intention is that fewer people with a confirmed vulnerability will be detained in fewer instances and that, where detention becomes necessary, it will be for the shortest period necessary

The explanatory memorandum to the regulations which were the subject of this vote, the Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2021^[2] stated:

• [The regulations] will mean that detention considerations for potential victims of trafficking or modern slavery will be made using criteria consistent with other categories of vulnerability set out in the AAR Statutory Guidance.

The explanatory memorandum stated the position prior to these regulations coming into force was that Statutory guidance under the Modern Slavery Act 2015 applied to consideration of if to place potential victims of trafficking or modern slavery in immigration detention. That guidance stated:

• The safety, protection and support of the potential victim must always be the first priority. Victims of modern slavery are a vulnerable group and should be treated with the same sensitivity as other vulnerable groups, such as victims of domestic violence.
• ...
• Continued detention should be considered in line with the Adults at risk in immigration detention policy. Detention may constitute appropriate accommodation, ...

The two regimes are very similar, and indeed the statutory guidance under the Modern Slavery Act 2015 encompasses a more general adults at risk in immigration detention policy. While the requirement: "The safety, protection and support of the potential victim must always be the first priority" is not in more general policy the statutory guidance under the Modern Slavery Act 2015 is not revoked by the regulations which were the subject of this vote, although an intention to amend the Modern Slavery Act was mentioned in the explanatory notes to the regulations^[2] which state:

• The Modern Slavery Act 2015 Statutory Guidance will also be amended to make clear that detention should be considered under the AAR [Adults at Risk] policy.

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• [1] Draft revised guidance on adults at risk in immigration (accessible version), UK Home Office, 22 February 2021, Archive.org
• [2] Explanatory memorandum to the Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2021, Legislation.uk

Debate in Parliament |