Home Affairs

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Thursday 9th May 2013

(11 years, 7 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
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The Gracious Speech we heard yesterday put forward a comprehensive legislative programme. Underlying it is a basic principle: this Government want to ensure that people who work hard and want to get on in life are able to do so. We believe that it is part of the Government’s role to help people who want to work hard to succeed. We want to ensure that those who do the right thing do not find themselves penalised for their honesty and their commitment to playing fair. The corollary of that is that those who cheat the system and who do not play by the rules should be prevented from being able to take advantage, at the expense of the decent and hard-working majority.

Nowhere is this more true than in the immigration system. We are going to make the UK a harder place to live for an immigrant who has not played by the rules—who has dishonestly overstayed their visa, for example, or who does not have one at all—or who has committed a serious crime. The immigration Bill referred to in the Gracious Speech will do three things. First, it will diminish the pull factors that make migrants want to come to Britain to take but not to contribute. Secondly, it will make Britain a harder place to live for those who have no right to be here. Thirdly, it will make it easier to remove foreign nationals who have committed serious crimes and who should be deported. It will streamline the appeals system, making it much less slow and cumbersome, and give fewer opportunities for using the Human Rights Act 1998 to avoid deportation.

Helen Goodman Portrait Helen Goodman (Bishop Auckland) (Lab)
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Will the Home Secretary explain to the House why she has sent back fewer foreign prisoners than were sent back in the last year of the Labour Government?

Baroness May of Maidenhead Portrait Mrs May
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If the hon. Lady cares to look at the figures, she will see that there has been a significant increase in the number of appeals by foreign national prisoners, which is delaying their deportation. That is exactly why this Government are bringing forward measures in the immigration Bill to deal with the appeals system, and I hope that those on the Opposition Front Bench will support them.

One of the most fundamental injustices of the present system is one that many Members will be aware of from the complaints of their constituents. It is the extent to which immigrants can call on publicly funded services without having made any contribution to the system that provides them. Our system is one of universal provision, and it will remain so under this Government, but it is also one that requires some contribution to be made in order for that provision to be accessed. That is the basic principle of justice that underpins the system, but it is a principle that has been flouted. When the Bill becomes law, it will be respected.

The Bill will ensure that temporary migrants and others will not be able to have free access to the NHS until they have made at least some contribution to the Exchequer. Furthermore, the Bill will strengthen legislation that penalises businesses that employ illegal immigrants. It is obviously unfair that those who are not entitled to be in Britain should be able to take jobs that ought to be filled by people who are so entitled. The Bill will strengthen our ability to enforce penalties on employers that have used illegal workers. It will also confirm that a migrant must have lawful immigration status of more than six months to qualify for a UK driving licence.

Yvette Cooper Portrait Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
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On the Home Secretary’s point about businesses that employ illegal migrants, will she explain why the number of businesses fined for so doing has dropped by 40% since the general election?

Baroness May of Maidenhead Portrait Mrs May
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The rate of certain aspects of prosecutions taking place in relation to certain individuals has actually been higher under this Government than it was under the last Labour Government. That is one of the areas—[Interruption.] I have to say that I am not sure—

Peter Bottomley Portrait Sir Peter Bottomley (Worthing West) (Con)
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On a point of order, Mr Speaker. An hon. Member has just called across the House, saying, “Stop making that stupid face.” Is that parliamentary language?

John Bercow Portrait Mr Speaker
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I am grateful to the hon. Gentleman for his point of order. I did not hear the expression concerned, but I think that it falls into the category of behaviour that is discourteous but not disorderly. We will leave it there for the time being, but I appeal to Members on both sides of the House to remember what I said yesterday. Speaking on behalf of the House and of the public, I believe that we should try to express ourselves with restraint, moderation and good humour, in the best traditions required by “Erskine May”.

Baroness May of Maidenhead Portrait Mrs May
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Thank you, Mr Speaker.

The Bill will also introduce a duty on private landlords to carry out immigration checks when letting property. It will penalise landlords who rent property to migrants who are not entitled to stay in Britain.

We shall also introduce an amendment to the immigration regulations covering EU nationals who come to the UK in search of work. They will cease to have a right to reside here and will have no access to benefits if, after six months, they do not have a job and do not have a realistic chance of getting one. There is a glaring unfairness in the way that immigrants’ claims to have the right to settle here are assessed. The system has become so complex that, as one senior judge said recently,

“immigration law has now become an impenetrable jungle of intertwined statutory provision and judicial decisions...There is an acute need for simplification”.

The immigration Bill will provide that simplification. It will also set out how the courts should interpret article 8 of the European convention on human rights, which sets out the right to respect for private and family life. Last July, we set out clearly before the House what the right to family life should mean. That interpretation was adopted by the House without a Division, because it was unopposed. Unfortunately, some judges have chosen to ignore that interpretation. The immigration Bill will provide them with rules on how article 8 should be interpreted that will have statutory force. It will place strict limits on the circumstances in which the right to family life can be invoked to block deportation. In particular, it will put an end to the unjust situation in which immigrants convicted of serious offences can escape deportation merely by claiming that it would interfere with their right to family life.

Gerald Howarth Portrait Sir Gerald Howarth (Aldershot) (Con)
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My right hon. Friend is making a very important point. The House has made it abundantly clear that the will of the British people is that we should be able to deport people whom it is considered undesirable to have in this country. What assurance can she give the House that judges are going to listen to what the House is saying this time, given that they have not done so in the past?

Baroness May of Maidenhead Portrait Mrs May
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My hon. Friend makes a good point: many people are incredibly frustrated by cases in which judges decide that the right to family life means that someone should not be deported, despite evidence of a significant level of criminality. Last July, when we made changes to the immigration rules, I hoped and expected that judges would respond to those changes, given that there was cross-party support for them. As I said, there was no opposition to them in the House. The fundamental difference this time around is that the changes will be made through primary legislation rather than through the immigration rules.

I now move on to the Anti-social Behaviour, Crime and Policing Bill. The Bill aims to diminish the extent to which honest and hard-working people are preyed on by criminals and by bullies who show no regard for the basic rules of civilised living. It will do so in three ways. First, it will make it easier for citizens to get the police or local authorities to take action against people whose antisocial behaviour disrupts their lives. Secondly, it includes measures to ensure that we can tackle organised crime more effectively. In particular, we are substantially increasing the maximum penalty for the illegal importation of guns, and creating a new offence of

“possession for sale or transfer”

of illegal firearms. Thirdly, it continues the process of reform of the police, so that police officers have clear professional standards and are able to spend more of their time fighting crime than filling in forms.

The Bill also contains a provision to make forcing a person to marry a criminal offence. Forced marriage is a serious problem in some communities in Britain today. It is an abomination: it is totally incompatible with the values of a free society that anyone should be forced into a marriage. Astonishingly, however, forcing a person into marriage is not a crime under our law. This Bill will remedy that situation, and in doing so, it will signal very clearly that this country does not tolerate the forcing of one person by another into marriage. The Bill will also make easier the prosecution of people who attempt it. Prosecutors will no longer have to identify other offences such as assault or kidnapping before they can start proceedings against someone for forcing another into marriage.

Antisocial behaviour is destructive, demoralising and damaging. When it is repeated over and over again on the same victims, its results can be tragic, as numerous cases involving some of the most vulnerable and easily hurt people in our society have shown. The existing means for dealing with antisocial behaviour are neither quick nor effective. The Bill will give new powers to the police, councils and landlords that will ensure that quick and effective remedies are available. It will also give people the power to require agencies to deal with antisocial behaviour. It will no longer be possible for a police force or a council to ignore repeated complaints, as it is now.

Peter Bottomley Portrait Sir Peter Bottomley
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I invite my right hon. Friend to join me in congratulating the police on making savings and on working far more effectively in reducing crime. On the issue of antisocial behaviour, will she review whether unauthorised campers and Travellers returning to the same place, doing damage and causing costs can be dealt with more effectively? This sort of antisocial behaviour is not acceptable and it is resented by local residents.

Baroness May of Maidenhead Portrait Mrs May
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I recognise the problem that my hon. Friend identifies as one that affects many communities up and down the country. I am pleased to say that in numerous places we have already seen the police taking a more robust approach in dealing with these particular issues. I encourage the police to do that when they are faced with these problems which, as my hon. Friend says, cause considerable concern to local residents.

This Bill aims to give people much greater control over the services that are meant to help them, but which have often in the past been operated for the convenience of those delivering them. The Bill will change that situation.

The Bill tackles another aspect of antisocial behaviour: irresponsible dog ownership. It will extend the offence of being in charge of a dog that is dangerously out of control to apply to any location.

Elfyn Llwyd Portrait Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
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In looking at the problem of dangerous dogs, can we be more careful this time round, because the last time we attempted this performance, it was a bit of a fiasco and we ended up with bad legislation? The right hon. Lady is right to highlight this issue as a pressing need, but we need to be very careful about how we frame this legislation.

Baroness May of Maidenhead Portrait Mrs May
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I accept what the right hon. Gentleman says—that it is important in introducing legislation to look carefully at what its impact might be. The clauses relating to dangerous dogs are limited in number. They extend the ability to deal with dangerous dogs into private places. Sadly, we have seen a number of cases where individuals, and particularly children, have been attacked by dogs in the family home. The current legislation does not cover that, but the Bill will enable us to do so. We will, of course, look carefully at the drafting to make sure that the provision is as effective as everybody would want it to be.

Julie Hilling Portrait Julie Hilling (Bolton West) (Lab)
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The proposals to amend legislation to cover attacks on private property are, of course, very welcome. However, it is extremely disappointing that there is no dog control notice measure or something similar, to prevent attacks from happening in the first place.

Baroness May of Maidenhead Portrait Mrs May
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I am conscious that a number of people have been asking specifically for a dog control notice. We have not introduced it because we believe that the other powers and orders we are introducing under this antisocial behaviour Bill will give sufficient power to the police to be able to deal with dangerous dogs without needing to introduce a separate—and yet another—notice.

Kelvin Hopkins Portrait Kelvin Hopkins (Luton North) (Lab)
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I was bitten by what was obviously a weapon dog during the last election campaign, so although I was not seriously hurt and did not suffer too much, I am very concerned about this issue. I am also concerned about it on behalf of my constituents, who have made many complaints about dangerous dogs. Are the Government going to be serious about dealing with this problem and reintroduce licensing, with every dog having to be chipped, and with a proactive role for dog wardens and the police to ensure that dogs are not dangerous?

Baroness May of Maidenhead Portrait Mrs May
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Excellent work is done by dog wardens in many local authorities throughout the country. We feel that the legislation we are introducing, which will extend the ability to deal with dangerous dogs, is sufficient to be able to cover the issues that cannot be covered at present. I know some people say, “Why don’t we go back to having the dog licence that was held in the past?” Not only is that quite difficult to administer, but, unfortunately, all too often the owners of dogs we will need to be concerned about do not bother to get a dog licence, whereas the law-abiding citizens do. Giving the police extra powers to deal with dangerous dogs so that they can deal with them in all situations, even within the private home where the dog normally resides, gives the important extension of powers to the police that will enable them to deal with dangerous dogs wherever they may be in the community.

I am sorry to hear of the experience the hon. Gentleman had during the last election campaign. Dogs and letterboxes are the major problems for campaigners. [Interruption.] Yes, I think there would be widespread support for measures on that.

The reform of the police and the modernisation of their regulatory framework has been one of the most important aims of this Government, and it still is. We have ended the tyranny of national targets, eliminated useless bureaucracy and freed up police officers’ time so they can fight crime rather than fill in forms. We have set up the National Crime Agency to fight the cancer of organised crime, we set up the Winsor review of police pay and conditions, and we are determined that the priorities of the police should reflect those of the public they serve.

With the election of police and crime commissioners, we have made local police forces more accountable to the people they serve. This Bill will provide the new College of Policing with the powers it needs to set standards for the police in England and Wales. It will also ensure that the Independent Police Complaints Commission has the powers it needs to investigate complaints of misconduct effectively.

Although this was not specifically mentioned in the Gracious Speech yesterday, we intend to introduce measures to clarify the compensation arrangements for those whose property is damaged by riots. The law on this has not been changed since 1886, and, unsurprisingly, it is in great need of modernisation: for example, the Riot (Damages) Act 1886 does not cover damage to cars, because, of course, in 1886 there were no cars. This month, an independent review of the 1886 Act that I have commissioned will commence. It should conclude by the end of September. We shall then consult publicly, before looking to publish a draft Bill in spring 2014, with the aim of introducing it in the fourth Session of this Parliament.

It is one of the fundamental duties of Government to protect the law-abiding public from the effects of criminal behaviour, and I would like to update the House on the position regarding our proposals on communications data. The Government are committed to ensuring that law enforcement and intelligence agencies have the powers they need to protect the public. Existing legislation already allows those agencies to monitor who has communicated by telephone, as well as with whom, when and where. These data are used in 95% of all investigations into serious and organised crime, and they have played a role in every major counter-terrorism operation by the security services in the last decade, but terrorists, paedophiles and criminal gangs today increasingly communicate with each other over the internet using the latest electronic technology. Our proposals are simply about ensuring that we can keep up with criminals as they shift to e-mails, instant messages and the internet, rather than making phone calls. We cannot leave the British public exposed to dangers which could be eliminated were communications data obtained. As the Gracious Speech yesterday indicated, we will be bringing forward proposals to address this most important issue.

Julian Huppert Portrait Dr Julian Huppert (Cambridge) (LD)
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The Home Secretary is well aware of my position, and I thank her for giving way. Will she confirm that, as was said in the Gracious Speech, these proposals will relate only to the aspects involving internet protocol address matching, on which she and I agree, and will be coupled with the safeguards requested by the Joint Committee?

Baroness May of Maidenhead Portrait Mrs May
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I was about to say that the hon. Gentleman was a little slow in jumping up; I thought he might have done so when I first mentioned communications data. He was a member of that scrutiny Committee, so he will be aware that it said there was a case for legislation in this area. We accepted a number of the Joint Committee’s recommendations on the proposed Communications Data Bill. As I have just explained, because this is an important area for catching criminals and for dealing with terrorists and paedophiles, it is right that the Government are looking to address the issue. The wording of the Queen’s Speech yesterday made it clear that the Government intend to address the issue and, as I say, proposals will be brought forward.

Helen Goodman Portrait Helen Goodman
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Will the Secretary of State give way?

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Baroness May of Maidenhead Portrait Mrs May
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I am being very generous to the hon. Lady.

Helen Goodman Portrait Helen Goodman
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The Home Secretary is indeed being most generous this morning. When she is considering what to do about IP addresses, will she also look into having better, tighter systems for age verification? We hear a lot about how a better age-verification system would deal with many of the problems that we are facing on the net.

Baroness May of Maidenhead Portrait Mrs May
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The hon. Lady’s point does not technically come under the remit of the communications data issue and deals with access to the internet more widely. If I have understood the point she is making, there is an issue to address. Some hon. Members have been taking this point up; my hon. Friend the Member for Devizes (Claire Perry), for example, has been doing a lot of work in this area and examining any possible changes.

Pete Wishart Portrait Pete Wishart (Perth and North Perthshire) (SNP)
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I am a little confused about what is being proposed for data now. Will it deal solely and exclusively with IP addresses or is the plan to bring in, either in this Session or the next one, what we all described as a snooper’s charter?

Baroness May of Maidenhead Portrait Mrs May
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The hon. Gentleman refers to the proposed measure as a snooper’s charter, as others have done, but it was not about snooping and it was not a charter. It is about ensuring—this will continue in the proposal we bring forward—that we are able to deal with the situation that is emerging, where it is becoming harder to identify these communications because people are using new methods of communication that are not covered by existing legislation.

Hon. Members will note that I have not referred to the justice Bill, which will increase public protection by ending early release schemes for dangerous offenders, or to the offender rehabilitation Bill, which, as we have just heard in my right hon. Friend the Justice Secretary’s statement, will require that all offenders released from prison, including those given short sentences, serve at least 12 months under statutory supervision in the community. Neither of those important Bills is the subject of debate today. The Opposition are in charge of the debate following the Gracious Speech, so will the shadow Home Secretary explain why the Labour party does not consider the rehabilitation of offenders and cutting reoffending to be worthy of inclusion in the debate? Perhaps she does not feel that the shadow Justice Secretary is up to the debate, which might well be true, given that he was not even here to respond to that statement, but we would like to know.

The Bills I have outlined send an unambiguous message: we are on the side of hard-working families; we will help people who play by the rules and who want to get on in life; and people should be able to receive benefits only if they contribute something first. On crime, antisocial behaviour and immigration, the Government and this legislative programme are on the side of the people, and I commend it to the House.

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Yvette Cooper Portrait Yvette Cooper
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The hon. Gentleman should contain himself to squabbling within his coalition and struggling to get some answers. We have always said that action will be needed to ensure that the police can keep up with changing technology. However, the draft data communications Bill drawn up by the Home Secretary was far too wide; it gave the Home Secretary far too many powers and there were far too few safeguards for privacy. It was absolutely right that something had to be done, but that Bill was not the right approach. We must wait to see what approach the Home Secretary will now take, because Government Members are squabbling so much among themselves that the result is a shambolic approach to a serious issue. Time and again, that is what we see: there is strong rhetoric from the Home Secretary, and then the reality simply does not stack up.

It is the same when we come to the so-called “flagship” immigration Bill. We now discover that the Bill will not be published until the autumn, because the Government have obviously still not worked out what on earth to do about it. This is an area where we agree that action is needed. Yesterday, the Government told us that the Bill would have five central elements, but now it turns out that three already exist and will not require primary legislation, and two are merely proposals for consultation.

On jobseeker’s allowance, the Government are replicating the exact words in existing regulations. When the Health Secretary was asked about the NHS, all he could say was that he promised to examine the extent of the problem and do an audit. On private landlords, the Government cannot tell us how their policy will be enforced, because they do not know who the landlords are and they will not have a statutory register. Time and time again this Queen’s Speech has not set out the detailed proposals that we need. Instead of “flagship” Bills, all we have are proposals that seem to have been sketched out on the back of a fag packet—no wonder the Government wanted to get rid of the cigarette packaging legislation.

Baroness May of Maidenhead Portrait Mrs May
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The right hon. Lady has made an attempt at two jokes during her speech, which is probably two more than we normally have. I have a simple question for her: does she agree that net migration was too high under the previous Labour Government?

Yvette Cooper Portrait Yvette Cooper
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We have already said that the pace of migration was too fast and that the level should come down; we have supported measures in that regard. However, although the Home Secretary has made grand claims about net migration and the Immigration Minister is attempting to do the same, they will recognise that two thirds of their drop in net migration is a result of an increase in British citizens leaving the country and fewer British citizens returning home.

Let me quote the numbers to the Home Secretary; she is on the edge of her seat, itching to intervene. In fact, the drop in net migration has been 72,000. Of those, 27,000 more Brits are leaving the country and 20,000 fewer Brits are coming home. Is she proud of a set of policies that have driven British people out of the country? I will give way to her if she wants to respond to that point.

Baroness May of Maidenhead Portrait Mrs May
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On that statistical point, I suggest the right hon. Lady looks at what the Office for National Statistics said, which was that it was not the emigration of British people that led to the drop in net migration. We have reduced net migration by a third. I think she said that she accepted that net migration was too high under the Labour Government. Will she now apologise for that?

Yvette Cooper Portrait Yvette Cooper
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The Home Secretary is targeting net migration, which she knows is affected by British people leaving the country—by people leaving as well as people arriving. I state the figures again: a 72,000 drop, 27,000 more Brits leaving the country and 20,000 fewer coming home. People obviously do not want to come back to Britain under her Government. That is the problem that she has to face.

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Julian Huppert Portrait Dr Huppert
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I thank the hon. Gentleman. I think that it was the Government before last who got rid of exit checks, but they certainly were not restored by the last Government. I believe that they are in the process of being restored by this Government. I look forward to clarification from the former Immigration Minister.

Damian Green Portrait The Minister for Policing and Criminal Justice (Damian Green)
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There were two sets of exit checks: one for those from outside the European Union and another for those from inside the European Union. The final exit checks were removed by the previous Government in 1998.

Julian Huppert Portrait Dr Huppert
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I thank the Minister for his detailed clarification and for being so well briefed. The past two Governments removed one set of exit checks each. We need to have them back so that we know who is leaving.

We must ensure that in the drive to correct our systems, we do not bring in measures that stifle our success or international standing. It is fantastic that we attract students from around the world. They come here and pay money, making this a fantastic export business. Some of them stay and contribute to our economy. Others leave and set up businesses or get elected in their own country, and have a good relationship with our country. We should be proud of that. That is a huge factor in my constituency and many others. We must not drive those people out when we correctly try to stop those who are abusing the system and who come here falsely. We need steps that get it right in both ways.

The demise of the Border Agency was somewhat rushed. We must ensure that there is not just a change of name, but a change of practice. The era of decade after decade of backlogs and of people not getting answers promptly must finally end. We all want to see that; no one in any part of the House would like those backlogs to continue to grow or even to exist at all, and we must have a system that will end them. I hope the Government will manage that, but it will be a tough task.

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Damian Green Portrait The Minister for Policing and Criminal Justice (Damian Green)
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I would like to thank all those who have contributed to this debate. In the time remaining, I shall restrict my response to matters relating to home affairs and justice. I know that other important issues were raised, but I think I should operate within that limit. My other self-denying ordinance is to respond only to matters that are in the Queen’s Speech, rather than to the many that others might have wanted to see in it.

The Government’s clear priority is backing people who work hard and want to get on in life. The Home Office and the Ministry of Justice help with this by keeping the country safe and secure, while protecting Britain’s hard-won civil liberties. Various contributions from Opposition Members suggest that the latter point is a genuine divide between the two parties of the coalition and the Labour party, which appears to want to restrict civil liberties at every available opportunity.

The programme for home affairs business for the new Session, as set out in the Gracious Speech, builds on the many reforms and successes that we have delivered over the past three years. We oversaw safe and secure Olympic and Paralympic games—I am sure that the House will join me in paying tribute to the police and security services that helped to deliver them—and have revolutionised the accountability of the police through the election of police and crime commissioners. Perhaps most important—I hope that the shadow police Minister, the right hon. Member for Delyn (Mr Hanson), notes this fact—recorded crime is down by more than 10%, and the independent crime survey for England and Wales shows crime at its lowest level since records began. Despite the turmoil in many countries around the world, our streets and our society are safer than they have been for many years. Furthermore, we have cut net migration by nearly one third, while welcoming those who want to contribute to our economy and support British businesses. Those are major successes, but further bold reforms are needed, and the ambitious measures debated today will continue the Government’s relentless focus on protecting the public.

I shall turn to the individual measures, starting with immigration. I congratulate the hon. Member for Slough (Fiona Mactaggart), who is no longer in her place, on at least coming up with a concrete immigration policy—it puts her ahead of her party’s Front-Bench team. That policy, however, was to bring back identity cards. I am happy to assure her and the House that the Government will not be taking her advice on that matter. As I said, however, net migration is already down by nearly one third under this Government. That itself is a significant success, but we of course need to do more, both in terms of the performance of the immigration system, as my hon. Friends the Members for Crawley (Henry Smith) and for Cambridge (Dr Huppert) and the hon. Members for Brent North (Barry Gardiner) and for Llanelli (Nia Griffith) said, and in terms of legislation.

I shall deal with some of the detailed points made about immigration. I am happy to tell the shadow Home Secretary what the Office for National Statistics actually said about the cause of falling immigration. Its February 2013 press release stated that

“the recent decline in net migration since the year ending September 2011 has been driven by a fall in immigration”,

contrary to what she asserted earlier. The hon. Member for Slough asked for a commitment that those who were guilty only of immigration offences should not be deported. I say to her that people should comply with the law, and if the criminal offence is an immigration offence—it could be trafficking or fraud—it is still a criminal offence, and to suggest that people who commit immigration offences should gain benefits from it seems completely unacceptable.

My hon. Friend the Member for Cambridge raised the issue of the British nationality of children born before 2006 to unmarried British fathers. When I was Immigration Minister, he and I had many discussions about that, and I know that the current Immigration Minister is also looking at the matter very carefully. My hon. Friend the Member for Crawley and others raised the issue of health treatment for foreign nationals. We need to get better at reciprocal charging, and the Department of Health has issued guidance on who must produce a European health insurance card so that we can collect more money from foreign Governments. The right hon. Member for Delyn asked whether that would be an immigration or a health measure. It will be an immigration measure, and so, as with previous immigration measures, we will discuss with Scotland, Wales and Northern Ireland how it can best be implemented.

Lord Hanson of Flint Portrait Mr Hanson
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I do not necessarily expect an answer today, but what will happen if Wales, Scotland or Northern Ireland refuses to implement the proposals?

Damian Green Portrait Damian Green
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As they will be sensible proposals, I am sure that the Administrations in those areas will want to implement them.

Let me turn to the canard raised by the hon. Member for Llanelli, who said there was a threat to the Gangmasters (Licensing) Act 2004. It is not under threat; the Government have reviewed the remit of the Gangmasters Licensing Authority, to focus attention and resources in the right areas. She also said that we were not taking trafficking seriously, which is a profoundly unfair accusation. We are working overseas for the first time to tackle the problem at source. We have more thorough checks at our border and we are better at sharing intelligence among the law enforcement agencies. The new National Crime Agency will make us better at tackling what is a serious and growing crime.

The immigration Bill that will be introduced later this year will give the full force of legislation to the policy that this House has already unanimously endorsed, in the immigration rules, to ensure that article 8 of the European convention on human rights—the right to stay in the country because of family connections—is not abused. It will ensure that our courts balance a person’s right to remain in the country against the crime they have committed. The Bill will also ensure that the appeal system cannot be abused by those who have no right to be in this country and are simply looking to avoid removal for as long as possible. Those who do not meet our rules should leave the country. That is especially true of those foreigners who commit serious crimes. The Bill will ensure that such serious criminals will be deported from the UK in all but the most exceptional circumstances.

The Government have always been clear that we must continue to attract the brightest and best to this country—those who will study, work hard or invest: those who will contribute to our society—but we must deter those who come here simply to take. That is why the Bill will deter those who seek only to take from our public services rather than contributing to them, prevent those with no right to be here from accessing our public services and stop the British taxpayer funding the benefits tourism that has gone unchecked for too long, as my hon. Friend the Member for South Northamptonshire (Andrea Leadsom) eloquently pointed out. The legislation will build on our reforms of the past three years and ensure that the interests of the UK are protected.

Several hon. Members, including the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd) and the hon. Member for Hackney North and Stoke Newington (Ms Abbott), said that this was in some way a toxic debate. Of course we do not want a toxic debate, but we need to have the debate and we need to take action. If the mainstream political parties do not take effective action on immigration, as we have been doing for three years, we will leave the field clear to those who want to make mischief from the issue, which would betray many people, not least immigrants to this country.

Let me turn to the Anti-social Behaviour, Crime and Policing Bill, which was introduced today. It will radically reform the way in which antisocial behaviour is tackled, putting the needs of victims and communities first. The Bill will ensure that the front-line professionals responsible for tackling antisocial behaviour have more effective and streamlined powers. The community remedy, which my hon. Friend the Member for Enfield North (Nick de Bois) mentioned, will, along with the community trigger, give victims and communities a real say in how antisocial behaviour is dealt with. The community trigger will empower the most vulnerable in society, giving them the power to make agencies take persistent problems seriously. He asked about the details. We have introduced a safeguard, which will mean that councils and the police cannot set the threshold higher than three complaints, but can set it lower if they wish. I am also happy to confirm to him that the legislation makes it clear that third parties, including Members of this House, can activate the trigger on behalf of victims, which I hope he will welcome.

The professionals on the front line have told us time and again that securing an antisocial behaviour order can be a slow, bureaucratic and expensive process, and that it often fails to change a perpetrator’s behaviour, resulting in high breach rates and continued misery for victims. That is why we are proposing new powers that are quick and easy to use and will act as a real deterrent to perpetrators. The criminal behaviour order will be available to deal with the most antisocial individuals and will carry a maximum sentence of five years on breach. For lower-level offenders, a new civil injunction will be available to try to stop certain behaviour before it escalates. While breach would not result in a criminal record, it would still carry serious penalties. There are those who say that agencies should act on the first report, rather than on the second or third reports. Of course they should, but local agencies already have a duty to deal with every report of antisocial behaviour, and many of them do so quickly and effectively. This legislation will give them more powers, and I hope that they will respond to that.

There have been a number of comments on other aspects of the antisocial behaviour part of the Bill, including the measures to tackle irresponsible dog ownership. I am grateful for the work done on this by my hon. Friend the Member for Ealing Central and Acton (Angie Bray), who I know wants to scrutinise the legislation particularly carefully. We will be empowering landlords to take rapid and effective action to tackle problem behaviour by their tenants. We will also be attacking the source of gun crime, and I am grateful for the support of those on the Opposition Benches for these measures. We want to ensure that those who import or supply firearms face the full force of the law. The shadow Home Secretary and others mentioned the terrible incident of the Atherton shootings. We are considering the coroner’s recommendations and the results of the investigation by the Independent Police Complaints Commission.

I should also mention the Rehabilitation of Offenders Bill. My hon. and learned Friend the Member for Harborough (Sir Edward Garnier) spoke with characteristically huge authority on the subject of rehabilitation. I am sad that the shadow Justice Secretary has not been here today, either for this debate or for this morning’s statement on this important Bill. These measures show that we are determined to crack down on the criminal behaviour that blights our communities by adopting a fully thought-through approach to ensure that those who commit those crimes are rehabilitated when they are caught and punished.

Reoffending levels have been too high for too long. That not only ruins lives for the victims of crime but is a dreadful deal for the taxpayer. We spend more than £3 billion a year on prisons and almost £1 billion a year on delivering sentences in the community, but reoffending rates have barely changed. That is why the system needs to change. Many Labour Members oppose the proposals on the ground that they represent some kind of privatisation, but they need to get out of their ideological straitjackets and look at the wider picture. Everyone wants reoffending rates to come down, and we all know that the vast majority of crimes are committed by a very small proportion of the population. Every one of those habitual repeat offenders whose life is turned around will represent a huge benefit not only to them and their immediate circle of friends and acquaintances but to society as a whole.

The measures that my right hon. Friend the Justice Secretary is introducing will change the way we organise the prison estate and put in place an unprecedented “through the prison gate” resettlement service, meaning that someone will meet prisoners when they leave prison so that they do not simply fall back into their old ways. Most important, the measures will ensure that those serving sentences of less than 12 months will receive rehabilitation services for the first time. All those measures will make a radical difference. Our using the expertise of the private sector and of the many really good charities that work in this area will result in a rehabilitation revolution, which will be important in continuing the gains that we have made in recent years in driving down crime levels. This will be seen as a significant piece of legislation in the years to come.

Along with the shadow policing Minister, the right hon. Member for Delyn, I am looking forward to having many detailed debates on the substance of the legislative programme. I am confident that the issues that I have not had time to address today, and many others, will be discussed in much greater depth and possibly at much greater length.

The Government’s legislative programme for home affairs issues is bold, ambitious and, above all, necessary. We have already cut net migration by nearly a third and we are introducing measures to tackle abuse of the immigration system. We have cut crime by 10% and we are introducing further measures to tackle antisocial behaviour. We have established the National Crime Agency and we will now introduce further measures to tackle organised crime and cybercrime. I commend this programme to the House.

Ordered, That the debate be now adjourned.—(Nicky Morgan.)

Debate to be resumed tomorrow.