APPENDIX 17
Memorandum submitted by Group 4 Falck
Global Solutions Ltd
1. THE COMPANY
1.1 Group 4 Falck employs over 215,000 staff
and operates in more than 80 countries, including the United Kingdom,
and in both Western and Eastern Europe. The company has operated
immigration centres for the UK Government for 14 years. They are
operated under Public Private Partnership type contracts and involve
the provision of catering, medical, religious, educational and
leisure services.
1.2 The company will confine its comments
to those points of the inquiry that are pertinent to this role.
2. THE CURRENT
ROLE OF
IMMIGRATION CENTRES
IN THE
REMOVALS PROCESS
2.1 Immigration centres are currently used
for people whose cases remain under consideration or who are awaiting
removal, following the definitive refusal of their application
for leave to remain in the United Kingdom. The fact that there
is no physical separation between these categories of detainees
has a direct bearing upon "the most effective and humane
methods of removal" and "what compassionate factors
should be taken into account".
2.2 Those whose removal is imminent often
arrive at the immigration centre late at night, or in the early
hours. They may have only a few hours rest before being taken
to board their flights. This process, which involves detainees
being woken and removed, often in a state of distress, can serve
to disrupt the daily lives of long-term detainees who are awaiting
decisions on their applications. The combination of these circumstances
is neither helpful for the day-to-day running of detention centres
or for the maintenance of a humane removals process. This is particularly
relevant in cases where families or disruptive individuals are
awaiting removal. Their short-term presence has every potential
to cause incidents that result in physical danger for other detainees
and significant damage to detention facilities. It would be an
important step to create separate facilities to cater for these
vulnerable people.
3. A NEW APPROACH
FOR IMMIGRATION
CENTRES
3.1 The company recognises that the growing
number of appeal determinations and removal of failed applicants
will place greater demands on all detention facilities. A focus
on the needs of this group of people requires the development
of a "short term" caring and supportive regime. This
should involve a flexible approach to detention that balances
the welfare, safety and security of the detainees with those of
immigration centre staff.
3.2 For Group 4 Falck to best serve the
continuing needs of the Government and to deliver an effective
and humane service for all detainees, we believe that changes
should be considered for the current configuration of immigration
detention facilities. Such measures will accord with the Home
Secretary's determination to "build trust and confidence
in the system, and ensure that it works effectively to support
those who have genuine protection needs".
4. MEETING THE
DIFFERENT NEEDS
OF IMMIGRATION
DETAINEES
4.1 Our suggested approach provides for
physical separation between those facing immediate removal and
long-term detainees, who are awaiting the determination of their
applications or appeals. We envisage the development of a separate
regime for both categories of detainee, within existing centres
and without placing a substantial additional burden on the public
purse.
4.2 Immigration centres could be divided
into two distinct areas, providing appropriately designed accommodation
for short-term detainees facing immediate removal and the necessary
educational and recreational facilities for those remaining on
a long-term basis. The safety and security of both staff and vulnerable
detainees would be guaranteed by there being no opportunity for
association between long and short-term detainees.
4.3 The physical changes to the layout and
design of immigration centres would work to support a "positive"
regime founded on the active participation of detainees. Ideally
they should sign up to a detention "compact" that provides
earned privileges in return for good conduct or, in the event
of disruptive behaviour, a report to the Immigration Service that
would have a direct effect on the ultimate determination of their
case.
4.4 In our experience the majority of detainees
demonstrate a willingness to co-operate with the relaxed environment
of immigration centres. However, the actions of a small minority
can, through a combination of threatening and disruptive behaviour,
seriously affect the daily lives of their fellow detainees. For
this group, the "compact" agreement would make individuals
accountable for their own actions and provide an incentive for
them to avoid anti-social behaviour.
4.5 Consideration should also be given to
the scheduling of removals for vulnerable deportees, such as family
groups or those who have resided illegally in the United Kingdom
for a substantial time. The detention period prior to removal,
can often involve no more than a number of hours and involve a
significant degree of stress for both detainees and staff.
4.6 In addition to these changes we would
advocate a redefinition of the powers available to Detention Custody
Officers (DCO). The safety of staff and detainees could be enhanced
by giving the DCO unilateral authority to confine disruptive detainees
and where necessary request that they be imprisoned.
4.7 In our view, detainees who act in a
violent or disruptive manner should have their behaviour taken
into account by the Immigration authorities and Immigration Adjudicator.
The current inability of an Adjudicator to take such behaviour
into account poses a significant danger to the wider community,
especially if leave to remain is granted to individuals who pose
a criminal threat.
4.8 Our position entirely accords with the
Home Secretary's desire for "British citizenship to embrace
positively the diversity of background, culture and faiths that
living in modern Britain involves" and his expressed view
that "those who become British citizens should play an active
role, both economic and political, in our society, and have a
sense of belonging to a wider community".
5. CONCLUSION
5.1 Group 4 Falck and its employees are
committed to the delivery of a service that respects the fundamental
rights of all immigration detainees, whether they are awaiting
removal or in the course of having their case determined.
5.2 The recommendations set out in this
memorandum are intended to improve existing procedures and assist
the Immigration Service in providing a humane and effective system
for the removal of failed asylum seekers.
October 2002
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