CAT/OP/GBR/CSPRO/1 D. Immigration detention “101. The Subcommittee recommends that the State party: a) Ensure immigration detainees are detained only as a last resort and for the shortest possible time and consider replacing the current practice of removals and implement a time limit on immigration detention;” 197. The UK is committed to a fair and humane immigration policy that welcomes those here legally, but tackles abuse and protects the public. Immigration detention plays a limited but essential role in maintaining effective immigration controls and securing the UK’s borders, by supporting the removal of people who have no right to remain in the UK but who refuse to leave voluntarily and, in some cases, present significant public risk. 198. The UK Borders Act 2007 requires the Home Secretary to remove foreign national offenders from the UK, and we remain committed to doing so. We maintain the detention of such individuals where it is necessary to secure their removal, it is lawful to do so and where appropriate. We will also maintain the detention for enforcing the swift removal of other individuals, who have no right to remain in the UK, but who refuse to leave voluntarily. However, we do not detain people under immigration powers indefinitely. We are always mindful of our legal obligations in respect of immigration detention, in particular in assessing that for each individual there is a realistic prospect of removal in a reasonable timescale. 199. We also recognise that it is vital that detention and removal are carried out with dignity and respect and we take the welfare of individuals in our care very seriously. Our priority is to ensure immigration detention is used only where necessary, and for the shortest possible time, ensuring decisions to detain, and subsequent decisions to maintain or release, are well made, with systematic safeguards and support for the vulnerable. 200. Improvements to immigration detention have been made in recent years, with a systematic and ambitious programme of reforms introduced following Stephen Shaw’s 2015 and 2018 reviews of welfare in detention. The overarching aim of our package of reforms is, over time, to deliver a reduction both in the numbers of those detained and their length of stay before removal, and the improved welfare of detained persons, further strengthening a culture that maintains the highest standards of professionalism. The programme of work underway includes; increasing the number of Home Office staff in immigration removal centres, so that they can work with detained individuals more closely; minimising the use of immigration detention and exploring alternatives to detention; strengthening decisionmaking and safeguards for the vulnerable; improving transparency; and ensuring that everyone is treated with dignity in an estate fit for purpose. “b) Ensure all immigration detainees (including those in short-term holding facilities) have access to good quality, free, legal advice. Ensure all detainees have effective access to fair and accessible procedures to challenge the decision to detain and/or deport;” 201. People who are detained must be advised of their right to legal representation and of how they can obtain such representation within 24 hours of their arrival at an Immigration Removal Centre (IRC). To ensure this occurs, all detained people are provided with a list of the Legal Aid Agency Detained Duty Advice (DDA) scheme duty solicitors as part of their induction to the IRC and are made aware that they are eligible for a free 30-minute consultation regardless of financial eligibility or the merits of their case. 202. Following the outbreak of the COVID-19 pandemic, a number of changes have been introduced to ensure the welfare and safety of people who are detained and the staff in IRCs and to minimise the risk of COVID-19 spreading in the immigration detention estate. Guidance on the principles of managing COVID-19 in places of detention and during escort came into force on 5 May 2020. This includes information on vulnerability, shielding, cohorting and other preventative measures such as the cessation of social visits and adjustment of approach to legal visits. The most recent version can be found on Gov.uk. 203. Adapting to the change of operations in line with Government advice on social distancing, the Legal Aid Agency (LAA) DDA scheme is currently operating by phone. People in detention who wish to access this service are asked to advise centre staff, who will 30