SUSPECTED illegal immigrants are being held in "holding rooms" at UK airports and ports without regular independent scrutiny of their welfare and human rights, three years after the prisons watchdog recommended in a report to the home secretary that detainees should be monitored.
The situation is affecting thousands of people detained each year over visa and other document irregularities by the UK Border Agency at three non-residential facilities run by Group 4 Securicor at Edinburgh and Glasgow airports, and Scotland's immigration reporting centre at Festival Court in Glasgow.
Anne Owers, the chief inspector of prisons in England and Wales - who has responsibility for inspections because immigration is reserved to Westminster, - recommended monitoring of the facilities after spot checks on Glasgow airport and Festival Court in 2005.
Heathrow, which has holding facilities at each of its five terminals, is the only UK airport which has set up Independent Monitoring Board (IMD) committees - members of the public who visit the facilities every week.
The UK justice department has not even begun talks with its Scottish counterpart, which must approve the proposal, and it is feared it could take another year to set up. One insider said: "It's shocking they have been allowed to get away with this at a time when the Border Agency is targeting more people coming into regional airports.
"This is as big a political hot potato as dawn raids. Even if these people are only detained for a matter of hours before their cases are rejected and they are put on planes home, they are still entitled to basic human rights, which includes access to full legal representation.
"There would have been an outcry had this happened at Dungavel detention centre, which does have independent monitoring."
John Wilkes, chief executive of the Scottish Refugee Council, said: "In 2005, the chief inspector of prisons had many reservations about the holding facilities in Glasgow airport. She found people were not being given adequate information in their own language about their reason for detention. Crucially, people were not offered information on their legal rights and, as they had no access to phones, email or fax, legal or other assistance was impossible.
"In this report, three years ago, she strongly recommended the need for independent monitoring, but this has not yet happened in Glasgow. This must happen as a matter of necessity."
Asylum lawyer Fraser Latta said: "It's not uncommon for claimants to be detained on a Friday and spend several hours in one of these places, and it must be extremely frustrating if they can't get access to legal help."
Latta said it was an example of the breakdown of Westminster-Holyrood relations following former first minister Jack McConnell's failure to win a separate asylum protocol for Scotland.
There has also been a sharp rise in the number of people being held at the Glasgow facilities. Between January and the end of March 2005, 34 people were detained. This year, over the same period, 242 people were held, including some at Edinburgh airport. Most were held for less than eight hours, but one person was held in Edinburgh for more than eight hours but less than 12, according to the UK Border Agency.
The August 2005 report claimed legal information for detainees was "deficient"; childcare and child protection provision was inadequate; and staff had not undergone enhanced Criminal Records Bureau checks. Those held in Glasgow were not routinely seen by a health professional, there were "insufficient" activities to relieve boredom and there was no hot food available. Glasgow airport did not even have a television.
The inspectors could also see no evidence of notices or leaflets "designed to inform detainees about legal rights or how to get immigration advice". At the airport, accessing legal advice was "impossible" as no free phone calls were automatically offered.
Neil Powrie, head of the Association of Prison Visiting Committees in Scotland, which hopes to help the IMB find volunteers, revealed he has only recently been sent an email by the organisation asking him for "a chat" about the plans.
"When people are being detained there are always concerns if their conditions are not being monitored," he said. "The fact the chief inspector made the recommendation three years ago and nothing has been done since is down to the Home Office. It would be a lot smoother if these issues were devolved."
Norman McLean, head of the IMB Secretariat, said: "We are rolling out the programme gradually and it is a major exercise. I don't wa nt to be seen as intruding in Scotland and that's why we must have approval from the executive."
Tayside Police chief constable John Vine, who has been appointed the first chief inspector of the UK Border Agency, said: "I am very conscious of the fact we are dealing with human beings who in many cases have a legitimate right to come to Britain and seek a better life. Although I will principally be reporting to Westminster, I will have to establish good relations with the devolved government as well."
A UK Border Agency spokesman welcomed monitoring of the facilities and added that Edinburgh airport's holding facility is currently being refurbished.
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