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Lords take issue with planning application for asylum accommodation at Napier Barracks

Tuesday 21 September 2021

Last week, the cross-party House of Lords Secondary Legislation Scrutiny Committee considered the Town and Country Planning (Napier Barracks) Special Development Order 2021 (SI 2021/962) in its weekly report to the House.

The instrument extends the planning permission for the Napier Barracks in Folkestone to allow it to be used as asylum accommodation for another five years, until September 2026.

In its report, the Committee acknowledges that the facility at Napier Barracks was set up very quickly and as a result suffered various operational difficulties but asks why the explanatory material provided by the Home Office made no mention of them, particularly a judgment by the High Court.

Evidence referred to in the report describes the conditions there and the Committee expresses concern that a rotating population at the facility may not have been properly vaccinated and may therefore represent an increased risk to the local residents. In its report, the Committee concludes: “It appears to us that better arrangements for the physical and mental health care of those lodged in the Barracks are a matter of urgency and the House may wish to press the Minister on this matter.”

The Committee’s report highlights issues including;

  • Timing of the instrument – The Home Office explained that it used a Special Development Order for the planning permission extension because of time constraints. However, as the expiration date for the current planning permission in respect of Napier Barracks has been known for 12 months, the Committee were not satisfied with this explanation and remained unconvinced of the need for laying this potentially controversial instrument when Parliament was not sitting.
  • Insufficient information provided – Several authorities, including the High Court and the Independent Chief Inspector of Borders and Immigration have given the view that Napier Barracks is an unsuitable site and numerous improvements are required before the facility can be considered up to the required standards. The Committee concluded that this information should have been disclosed, especially given the purpose of the instrument is to enable continued operation at that site for a further five years.
  • Piloting “reception centres”– The Home Office states the reason for the five year length of the extension is to allow for significant improvements at Napier Barracks to address the criticism the facility has faced and also so the site may be used to pilot new models for “reception centres”. The Committee concluded that the House may wish to satisfy itself whether these changes are sufficient to bring Napier Barracks up to the required standard.

Lord Hodgson of Astley Abbots, Committee Chair, said:

“There have been numerous shocking and distressing issues highlighted about the operational suitability of Napier Barracks as an asylum centre. These include cramped and unsanitary accommodation, outbreaks of COVID-19 at the site and negative mental health effects suffered by residents.

“Although the Government have informed us it is in the midst of making improvements to the site, it seems particularly reprehensible that it would apply for this length of extension when a High Court judgement has ruled that standards and operational systems at the Napier Barracks are unlawful.

“It is essential that complete information is provided to Parliament to allow for proper scrutiny of instruments. In this case, it was not and for that reason we draw it to the special attention of the House and suggest that the House may wish to satisfy itself that the changes proposed by the Home Office will raise the standards and operational efficacy at Napier Barracks to an acceptable standard.”

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