3.2 Detention of irregular migrants The Council was consulted about the bill on repatriation and detention pending the removal of foreign nationals. The bill aims to effect separate legislation for administrative detention of foreign nationals, taking it outside the scope of penitentiary legislation. The proposition therefore does justice to the nature of the administrative detention of foreign nationals as an administrative measure. Declaring European legislation and recommendations including the European Repatriation Directive applicable, underlines the ultimum remedium nature of detention pending the removal of foreign nationals and offers possibilities for a more humane execution. These important components of the bill meet the recommendations of the Council from 2008 and of numerous other advisory bodies and organisations. The Council appreciates this and supports the aim of a humane execution of detention pending the removal of foreign nationals. However, the Council also identifies threats and missed opportunities for humane execution in the bill. The Council in view thereof, and in cooperation with the Advisory Committee on Migration Affairs and the Research and Documentation Centre of the Ministry of Security and Justice, recommends the following: 1 Recommendation on humane treatment: Do not grant the director of the institution for the administrative detention of foreign nationals competence in the sense of the forced departure of the detainee. The director of the institution has no role in these procedures under the Aliens Act. A neutral attitude with respect to the forced departure is valuable in terms of a humane approach by the institution’s staff. 2 Recommendation on minimal restrictions: impose no limitations on detained foreign nationals, unless required to prevent escape or to protect detainees and staff against aggression or harassment. A maximum internal freedom can be placed against an adequate external security. The total of the ample range of containment measures and competences of the director plus the setting up of a containment regime is disproportionally heavy given the characteristics of the population. The containment regime is characterised by punishment elements which do not belong in detention pending the removal of foreign nationals. 3 Recommendation on meaningful detention: offer an ample of activating day activities, which is suitable from a humanising point of view, to counter the atmosphere of lethargy and boredom which is characteristic of the detention pending removal. Forced participation to activities on pain of disciplinary sanctions is rejected as not fitting in with the objective of detention pending removal of foreign nationals. It is, as yet, unclear whether the recommendations of the Council (and the recommendations of other advisory organizations and interest groups coming to a like conclusion) will be followed, as the bill has not yet been proposed to parliament. 18