To ask Her Majesty's Government whether migrants detained in HM Prison The Verne from
24 March will have access to (1) Rule 35 procedures to determine whether their health
would be damaged by detention, for example, due to a history of torture, (2) mobile
telephones and the internet, (3) the ability to receive telephone calls from solicitors,
family and friends, and (4) on-site legal advice surgeries; and if not, why not.
<p> </p><p> </p><p>HM Prison The Verne started taking immigration detainees as scheduled
from 24 March 2014. The National Offender Management Service (NOMS) will retain The
Verne as a prison in the short term. Its designation as a prison will be reviewed
later this year, with the intention of completing the re-designation to an immigration
removal centre by the end of September 2014.</p><p> </p><p>While The Verne retains
its designation as a prison it will be governed by Prison Rules rather than Detention
Centre Rules. As The Verne is not governed by Detention Centre Rules, Rule 35 of those
rules is not applicable.</p><p> </p><p>Detainees held at The Verne will be treated
in the same way as other detainees held within the prison estate. As such they will
not have access to mobile telephones or the internet, nor will they be able to receive
telephone calls. They will, however, be able to make telephone calls and will have
access to both social and legal visits.</p><p> </p><p>There is a dedicated Home Office
Immigration Enforcement Team on site who will see detainees routinely on induction
and upon request. In addition, independent immigration advice will be provided by
Migrant Help.</p>
To ask Her Majesty's Government, further to the Written Answer by Lord Faulks on 7
April (WA 249), in the light of HM Prison The Verne being used to take immigration
detainees exclusively and the number of persons held under Immigration Act powers
within HM Prisons, what plans they have to extend Rule 35 to the prison estate by
an amendment to the Prison Rules; and, if there are no such plans, how a prison doctor's
concerns that a prisoner may be a victim of torture may be made known to the Secretary
of State for the Home Department.
<p> </p><p>Prison Rule 21 provides that a medical practitioner shall report to the
governor on the case of any person whose health is likely to be injuriously affected
by continued imprisonment or any conditions of imprisonment. The governor is required
to send any such reports to the Secretary of State. Although Prison Rule 21 does not
replicate Detention Centre Rule 35 it performs a similar function. We therefore have
no plans to amend Prison Rules in this case.</p>
To ask Her Majesty's Government what steps they are taking to make legal aid-funded
immigration representation available to migrants detained in HMP The Verne.
<p /> <p /> <p>Currently, advice on immigration matters within the scope of Legal
Aid can be given to detainees in HMP The Verne by any provider that holds an Immigration
& Asylum contract with the Legal Aid Agency (LAA).</p><p> </p><p>Earlier this
year the LAA conducted an expression of interest exercise among existing contract
holders providing immigration surgeries at other Immigration Removal Centres, with
four providers confirmed as interested in operating surgeries in HMP The Verne. Communications
will be issued shortly regarding when these services are likely to commence.</p>
<p /> <p /> <p>Earlier this year the Legal Aid Agency conducted an expression of interest
exercise among existing contract holders providing immigration surgeries at other
Immigration Removal Centres, with four providers confirmed as interested in operating
surgeries in HMP The Verne. Communications will be issued shortly regarding when these
services are likely to commence.</p>