Time to put an end to indefinite detention

Hundreds of men and women are today locked up, with no release date, waiting for a deportation that

The battle to free children from immigration detention is (almost, we hope) over. But liberating innocent young people may look like child's play compared to challenging the next great injustice in our immigration system – the indefinite detention of adults.

David Cameron recently told the Arab world that "freedom and the rule of law are what best guarantee human progress", but such inspiring language is easy when condemning crazed despots and much harder when treading on volatile political ground.

"Immigrants", "asylum-seekers" and "foreign criminals", groups regularly demonised by the right-wing press and politicians, inspire limited public sympathy. Yet behind the hype is a detention system failing both detainees and the wider public by forcing human beings to live in pointless, expensive limbo (detaining one person costs £68,000 a year).

"It is simply irrational to detain people for years and then release them at the end of it," says Jerome Phelps, director of the London Detainee Support Group (LDSG) "For political reasons, there has been a lack of will from successive governments to acknowledge that there is a range of circumstances where people cannot be deported."

These circumstances include countries too unsafe for deportations and those that refuse to accept people as their citizens, often because they are political dissidents. In December 2008, LDSG examined the cases of 188 detainees who had been held for a year or more and, by last September, more than half had been released in the UK, not deported. Only 34 per cent had been deported, with almost one in ten still in detention.

UK Border Agency policy states that "detention must be used sparingly, and for the shortest period necessary" to effect deportations, but LDSG's finding that 15 of those studied had been detained for more than three years calls this into question.

One reason many people find themselves in detention is a criminal conviction – and foreign criminals get little sympathy from the courts when seeking bail – but Phelps says the term is often misleading.

"Many will have been living in the UK for years but then lost that right because of a criminal conviction," he said. "A significant number of these are immigration offences rather than violent crimes. In court there is often an assumption that each person is going to be deported so they should not be given bail. Their best hope is to get a nice judge on a good day."

But is the end of indefinite detention in sight?

Julian Huppert, Liberal Democrat MP for Cambridge, believes the coalition government can continue early progress on civil liberties and reform detention policy.

"I continue to push for a review of the whole detention system," he said. "The coalition is determined to improve our reputation on human rights after the damage inflicted under Labour. There needs to be a serious analysis of the cost, effectiveness and impact on civil liberties of the current use of detention generally, and especially on detaining people without time limit."

Though the current system has obvious faults, building support for changing it will be difficult. Cutting immigration is a popular policy (it featured heavily in last year's televised prime ministerial debates), while fighting for a few hundred people imprisoned because no nation will accept them is unlikely to win many votes.

Yet it is the right thing to do.

The LDSG document, entitled No Return, No Release, No Reason, highlights alternatives successfully used in Sweden and Australia, where a case manager helps people engage with the immigration system while living in the community.

The report adds: "Such changes require a major shift in culture, away from the assumption that immigration control can be maintained through coercion alone."

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"Michael Gove is a nasty bit of work": A Thatcherite's lonely crusade for technical colleges

Kenneth Baker, Margaret Thatcher's education secretary, has been in a war of words with one of his successors. 

When I meet Kenneth Baker, once Margaret Thatcher’s reforming education secretary, conversation quickly turns to an unexpected coincidence. We are old boys of the same school: a sixth-form college in Southport that was, in Baker’s day, the local grammar. Fittingly for a man enraged by the exclusion of technical subjects from the modern curriculum, he can only recall one lesson: carpentry.

Seven decades on, Lord Baker – who counts Sats, the national curriculum, league tables, and student loans among his innovations – is still preoccupied with technical education. His charity, the Baker Dearing Educational Trust, oversees university technical colleges (UTCs), the specialist free schools that work with businesses and higher education institutions to provide a vocational curriculum for students aged 14-19. He is also a working peer, and a doughty evangelist for technical education and apprenticeships in the upper chamber. 

But when we meet at the charity’s glass-panelled Westminster office at 4 Millbank, he is on the defensive – and with good reason. Recent weeks have been particularly unkind to the project that, aged 82, he still works full-time to promote. First, a technical college in Oldham, Greater Manchester, became the seventh to close its doors since 2015. In three years, not one of its pupils passed a single GCSE, and locals complained it had become a “dumping ground” for the most troubled and disruptive children from Oldham’s other schools (Baker agrees, and puts the closure down to “bad governorship and bad headship”). 

Then, with customary chutzpah, came Michael Gove. In the week of the closure, the former education secretary declared in his Times column that the UTCs project had failed. "The commonest error in politics," he wrote, quoting Lord Salisbury, "is sticking to the carcasses of dead policies". Baker is now embroiled in a remarkable – and increasingly bitter – war of words with his successor and one-time colleague.

It wasn't always this way. In 2013, with UTCs still in their infancy, he told the New Statesman the then education secretary was “a friend”, despite their disagreements on the curriculum. The bonhomie has not lasted. In the course of our hour-long conversation, Gove is derided as “a nasty bit of work”, “very vindictive”, “completely out of touch”, and “Brutus Gove and all the rest of it”. (Three days after we speak, Baker renews their animus with a blistering op-ed for The Telegraph, claiming Gove embraced UTCs about as warmly as “an undertaker”.)

In all of this, Gove, who speaks warmly of Baker, has presented himself as having been initially supportive of the project. He was, after all, the education secretary who gave them the green light. Not so, his one-time colleague says. While David Cameron (Baker's former PA) and George Osborne showed pragmatic enthusiasm, Gove “was pretty reluctant from the word go”.

“Gove has his own theory of education,” Baker tells me. He believes Gove is in thrall to the American educationalist E.D. Hirsch, who believes in focusing on offering children a core academic diet of subjects, whatever their background. "He doesn’t think that schools should worry about employability at all," Baker says. "He thinks as long as you get the basic education right, everything will be fine. That isn’t going to happen – it isn’t how life works!" 

Baker is fond of comparing Gove’s heavily academic English baccalaureate to the similarly narrow School Certificate he sat in 1951, as well as the curriculum of 1904 (there is seldom an interview with Baker that doesn’t feature this comparison). He believes his junior's divisive tenure changed the state sector for the worse: “It’s appalling what’s happening in our schools! The squeezing out of not only design and technology, but drama, music, art – they’re all going down at GCSE, year by year. Now children are just studying a basic eight subjects. I think that’s completely wrong.” 

UTCs, with their university sponsors, workplace ethos (teaching hours coincide with the standard 9-5 working day and pupils wear business dress), and specialist curricula, are Baker's solution. The 46 existing institutions teach 11,500 children, and there are several notable success stories. GCHQ has opened a cyber-security suite at the UTC in Scarborough, North Yorkshire, as part of a bid to diversify its workforce. Just 0.5 per cent of UTC graduates are unemployed, compared to 11.5 per cent of all 18-year-olds. 

But they are not without their critics. Teaching unions have complained that their presence fragments education provision and funding, and others point out that hard-up schools in disadvantaged areas have little desire or incentive to give up children – and the funding they bring – at 14. Ofsted rate twice as many UTCs as inadequate as they do outstanding. Gove doubts that the vocational qualifications on offer are as robust as their academic equivalents, or anywhere near as attractive for middle-class parents. He also considers 14 is too young an age for pupils to pursue a specialist course of vocational study.

Baker accepts that many of his colleges are seen as “useless, wastes of money, monuments to Baker’s vanity and all the rest of it”, but maintains the project is only just finding its legs. He is more hopeful about the current education secretary, Justine Greening, who he believes is an admirer. Indeed, UTCs could provide Greening with a trump card in the vexed debate over grammar schools – last year’s green paper suggested pupils would be able to join new selective institutions at 14, and Baker has long believed specialist academic institutions should complement UTCs.

Discussion of Theresa May’s education policy has tended to start and finish at grammar schools. But Baker believes the conversation could soon be dominated by a much more pressing issue: the financial collapse of multi-academy trusts and the prospect of an NHS-style funding crisis blighting the nation’s schools. Although his city technology colleges may have paved the way for the removal of more and more schools from the control of local authorities, he, perhaps surprisingly, defends a connection to the state.

“What is missing now in the whole education system is that broker in the middle, to balance the demands of education with the funds available," he says. "I think by 2020 all these multi-academy trusts will be like the hospitals... If MATs get into trouble, their immediate cry will be: ‘We need more money!’ We need more teachers, we need more resources, and all the rest of it!’."

It is clear that he is more alert to coming challenges, such as automation, than many politicians half his age. Halfway through our conversation, he leaves the room and returns enthusiastically toting a picture of an driverless lorry. It transpires that this Thatcherite is even increasingly receptive to the idea of the ultimate state handout: a universal basic income. “There’s one part of me that says: ‘How awful to give someone a sum for doing nothing! What are they going to do, for heaven’s sake, for Christ’s sake!’" he says. "But on the other hand, I think the drawback to the four-day working week or four-hour working day... I think it’s going to happen in your lifetime. If people are only working for a very short space of time, they will have to have some sort of basic income.” 

Predictably, the upshot of this vignette is that his beloved UTCs and their multi-skilled graduates are part of the solution. Friend and foe alike praise Baker’s indefatigable dedication to the cause. But, with the ranks of doubters growing and the axe likely to fall on at least one of its institutions again, it remains to be seen in what form the programme will survive.

Despite the ignominy of the last few weeks, however, Baker is typically forthright: “I sense a turning of the tide in our way now. But I still fight. I fight for every bloody one.”