Theresa May faces Tory revolt over the indefinite detention of immigrants

Theresa May is facing a Conservative revolt over the indefinite detention of immigrants, ahead of an expected Commons attempt to end the “stain on our democracy”.

Two former cabinet ministers have told The Independent they are ready to vote to scrap a practice blamed for inflicting mental breakdown on people charged with no crime – and given no release date.

There is growing criticism of Britain for being the only EU country without a statutory time limit for the detention of immigrants, including by the UN Human Rights Council.

Survivors of torture, trafficking and rape are among the tens of thousands held in overcrowded centres – for months, or even years – where a recent investigation uncovered “widespread self-harm and attempted suicides”.

The Home Office has paid £21.2m to migrants it unlawfully detained over the past five years, laying bare its “chaotic decisions” it was alleged.

Now campaigners believe a looming immigration bill offers a fresh opportunity for MPs to pass an amendment to impose a strict 28-day limit.

Andrew Mitchell, the former International Development Secretary – who has described indefinite detention as a “stain on our democracy” – told The Independent: “I am warm towards this proposal.

“I don’t think it’s right to hold people in detention indefinitely. It’s wrong in principle and this is an issue that really matters.

“And what’s even more wrong is that, when we have held people wrongly indefinitely, is that we have to use taxpayers’ money to get the Government off the hook.”

Caroline Spelman, a former Tory Environment Secretary, described the immigration bill – which is needed to prepare for a new post-Brexit system – as an “opportunity to act”.

She will back a 28-day limit if it is supported by a fresh independent review into the welfare of immigration detainees, to be published in June by Stephen Shaw, a former prisons and probation ombudsman.

“Most British people would be surprised to find out it is possible to be detained indefinitely in this country – something that goes back to habeas corpus,” Dame Caroline said.

“I would like to see Britain use methods that have proven to be effective in other countries – such as Sweden – if Stephen Shaw says any consequences with a 28-day limit can be overcome.”

The Democratic Unionist Party, which is propping up Mrs May in power, is also likely to apply pressure on the Government to act on the controversy.

Two of its 10 MPs, Gavin Robinson and Jim Shannon, have signed a Parliamentary motion calling for “a 28-day time limit and greater use of community-based alternatives”.

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A previous attempt to end indefinite detention failed two years ago – but, since then, the Conservatives have lost their Commons majority, making the Government vulnerable to revolts.

The civil liberties group Liberty said it was confident there were “principled voices across all parties ready to act” when the immigration bill is brought forward.

“Every year the Home Office locks up tens of thousands of people – including survivors of torture, trafficking and rape – and gives them no idea when they will be freed,” said its director Martha Spurrier.

“No judge authorises their incarceration. Many are held for months – even years – in chaotic, overcrowded centres that are rife with abuse.

“The lack of a time limit destroys mental health. Self-harm, suicide attempts and deaths are common. This is state-sanctioned suffering on a vast scale.”

Almost 30,000 people are detained each year in the centres, with several hundred held for longer than one year. One was held for more than four years.

Half of immigrants leaving detention centres end up being released into the community – rather than deported – where monitoring them cost 80 per cent less, critics say.

There was outrage last year, when a BBC Panorama undercover investigation recorded staff at Brook House, near Gatwick Airport, “mocking, abusing and assaulting” inmates.

In November, then-Home Office minister Brandon Lewis sparked protests in the Commons when he claimed there was no indefinite detention – because immigrants are held “for no longer than is necessary”.

The minister also ducked a plea to meet campaigners pushing for a time limit, arguing 93 per cent of immigrants left detention within four months

Labour has joined the Liberal Democrats in calling for change. Afzal Khan, the party’s shadow immigration minister, said indefinite detention was “not only cruel, but costs hundreds of millions of pounds”.

“The UK is the only country in Europe to have no time limit on detention, yet the majority of detainees are actually released into the community,” he argued.

But, answering Home Office questions in November, Mr Lewis insisted: “We do not have indefinite detention in this country

“In our policies is always a presumption of liberty. Individuals are detained for no longer than is necessary.”

On the £21.2m payouts, the Home Office added: “The fact that a court may subsequently rule that an individual has been unlawfully detained does not necessarily mean the original decision was taken in bad faith.”