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Immigration Bail Conditions

Volume 524: debated on Monday 7 March 2011

12. If she will bring forward proposals to change immigration bail conditions to make them consistent with proposed conditions for control orders. (44051)

The Government see no need to review the range of bail conditions that may be imposed in immigration cases. We will continue to seek bail conditions that enable us to manage the threat posed by the individual. These will vary from case to case.

I hear that answer, but how can it be right that the Special Immigration Appeals Commission is able to impose conditions on people, perhaps those who have been granted indefinite leave to remain, on charges that are not disclosed to them, that restrict their communications and movement and force relocation, conditions that the Government say are unacceptable in control orders? How can that be right for people in those circumstances?

SIAC deals primarily with cases where an individual poses a threat to national security, so we must take all the issues surrounding those individual cases extremely seriously. As such, SIAC sets bail conditions that it considers necessary to control any risk of absconding and the threat posed to national security, whether or not the individual absconds. I am sure that my hon. Friend will recognise that SIAC has enormous responsibilities and takes them very seriously in each individual case.

I agree with the question from the hon. Member for Bedford (Richard Fuller). Will the Minister go one step further than is being suggested and make both immigration bail conditions and the conditions for control orders more like regular bail conditions?

My hon. Friend will recognise what I have just said about SIAC, which you will be pleased to hear that I will not repeat, Mr Speaker. The conditions for immigration bail and for control orders, and for the regime that will replace control orders, have rather different surrounding contexts than the setting of normal bail conditions, so it is entirely reasonable for SIAC to come to different conclusions and have different powers.